05/22/2024 – 22:15
The Association of Police Delegates of the State of São Paulo (ADPESP) filed a request with the Military Court to investigate the conduct of officers of the Military Police of the state of São Paulo in the case of the death of an elderly man, on the 7th. They question the decision of PM officers not to register a police report at a Civil Police station.
Clóvis Marcondes de Souza, 70 years old, was killed when he was shot in the head by a military police officer while he was on his way, on foot, to a pharmacy, in the Tatuapé neighborhood, in the east zone of São Paulo. The shot was fired from inside a police vehicle. According to police, the shooting occurred during an approach to two men on a motorcycle.
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According to ADPESP, deaths resulting from police intervention must be investigated by the Civil Police. The incident, according to the entity, should have taken place at a police station and not in a Military Police barracks, as occurred.
“Our request was made for the Military Justice Inspectorate to investigate the conduct of the officers who took the incident to the Military Police barracks when they should have taken it to the police station”, said the president of the association, delegate André Santos Pereira to Brazil Agency. “One of our objectives now is to know the following: where did the order come from to take the incident to the barracks”, he added.
The Military Court initially ordered the arrest of the police officer responsible for the shooting for a negligent crime (perpetrated without intention). Subsequently, the prison was converted into preventive. He remains detained at Romão Gomes Prison.
“We had a procedure carried out outside the law, in the conduct of the incident, and we glimpsed the practice of military crimes: the crime of malfeasance, as the Military Police officers, who took the incident to the barracks, acted in violation of the law ”, said Pereira.
According to the association, there was non-compliance with the Federal Constitution, federal legislation, with regard to the duties of the Civil Police, and Resolution 40 of 2015, of the Public Security Secretariat of the state of São Paulo, which determines that deaths arising from police action must be investigated by the Civil Police.
The association also argues that the crime of ideological falsehood was committed. “One of the military police officers responsible for the incident stated that a police chief decided to present the incident at the barracks, which is completely untrue,” he said.
With the PM’s refusal to take the incident to a Civil Police station, the victim’s relatives had to do so, which allowed investigations to begin by the Civil Police’s Homicide and Personal Protection Department (DHPP).
“We represent the establishment of a military police investigation to investigate the conduct of the officers who led the incident, as the homicide itself is already being investigated by the DHPP [Departamento de Homicídios e Proteção à Pessoa, da Polícia Civil de São Paulo]now in an appropriate legal channel, which is the Civil Police”, highlighted the president of ADPESP.
The association’s request for investigation comes amid the state government’s attempt to increase the duties of the Military Police. Governor Tarcísio de Freitas has already stated that the intention is for the PM to start recording detailed terms, replacing, in part, the police reports made at police stations. During the military dictatorship, the Military Police had this investigative power. But with the 1988 Constitution, this function became a prerogative of the Civil Police.
In a statement, the Public Security Secretariat (SSP) said that all circumstances relating to the case are being investigated by the Military Justice and by the investigation initiated by the DHPP, with monitoring by the Public Ministry.
“The case was registered with the Military Judicial Police, as provided for in article 9 of the Military Penal Code, which ordered the arrest of the police officer for a culpable crime. Subsequently, the prison was converted into preventive, so he remains in the Romão Gomes Prison”, says the text of the note.
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