STF Minister states that lack of protection compromises rights and defends Judiciary action in cases of omission
The president of , , stated this Friday (April 17, 2026) that the Brazilian State fails to protect the population in the area of public security. The statement was made during a lecture at , in São Paulo.
When dealing with state responsibility, the minister said that public security is a condition for the exercise of other rights provided for in the Constitution. “State fails to protect the population”he stated. “Without security, many rights remain only on paper”he declared.
Fachin also addressed the role of the Judiciary. According to him, it is up to the Justice system to ensure that the State fulfills its obligations. “It is the responsibility of the Judiciary to ensure that the State fulfills its duty to protect society against violence”these.
The minister stated that this action can be carried out in cases of omission by the public authorities. “When the State fails, there is legitimate space for judicial action”he declared. Despite this, it highlighted institutional limits. “The Judiciary does not replace the police, it does not replace the Executive, it does not replace the Legislature. Judges judge, do not accuse, do not investigate”he stated.
During the presentation, Fachin highlighted that the State has positive duties, such as preventing threats, protecting vulnerable people and organizing effective institutions. He cited challenges such as feminicide, violence against children and adolescents, racism and the expansion of organized crime.
Finally, the president of the STF defended balance in judicial action. “Neither omission nor judicial voluntarism”he stated. According to him, it is necessary to respect institutional competencies, guarantee proportionality and seek effective results.
