Minister defends the use of equipment, but says that the court's decision should not be reversed upon request by the Public Defender's Office
The minister of STF (Supreme Federal Court) Roberto Barroso denied, this Saturday (Dec 30, 2023), an action by the Public Defender's Office of the State of São Paulo that called for the mandatory use of body cameras by the São Paulo Military Police.
According to the minister, the Ombudsman's request was denied because it was not the best way to reverse a decision by the SP Court. Here's the complete (PDF – 206 kB).
The president of the Supreme Court wrote: “It does not seem appropriate at this time to intervene through the exceptional means of this Presidency, as the ordinary means have not yet been exhausted. […] In short: in this Presidency's view, the use of cameras is very important and should be encouraged. However, the urgent and exceptional intervention of suspending the injunction is not justified.”
Barroso also mentions that, if he accepted the Ombudsman's request, the decision would have impacts “of a financial and operational nature” complex, and which could not be “adequately measured in this procedural route”.
Despite the denial, Barroso defends the use of electronic equipment. “On the one hand, the use of this equipment increases transparency in operations, curbing abuses by the police force and reducing the number of deaths in regions in conflict. On the other hand, it serves as protection for the police officers themselves.”states in the document.
One of the contexts requiring the use of cameras is Operation Escudo, carried out in Baixada Santista. The way it was conducted caused outrage in social movements, such as Mães de Maio, in various bodies and entities defending human rights.
In September, the president of the TJ-SP (São Paulo Court of Justice), Ricardo Anafe, overturned the injunction that forced the State's military police officers to wear cameras on their uniforms. Here's the complete of the decision (PDF – 727 kB).
The measure was intended to prevent abuse by agents. The injunction gave the São Paulo government a period of 3 months to implement the measure.
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