The plenary of the Federal Supreme Court (STF) decided, today (3), to impose on the government and security forces of Rio de Janeiro a series of measures and criteria aimed at reducing police lethality in the state.
Among the measures is the determination that the government of Rio de Janeiro draw up an objective plan to contain police lethality, within 90 days, and the installation of equipment with GPS and audio and video recording coupled to police uniforms, within 180 days.
“The system really needs a course correction that protects the life and health of everyone, that is, the members of the communities and the police”, said the president of the Supreme, Luiz Fux. “Judiciary intervention is necessary,” he said.
Understand
This Thursday (3), the Supreme Court concluded the judgment of embargoes in the action for breach of fundamental precept (ADPF) opened by the PSB and various human rights organizations on the subject. The analysis of the case resumed yesterday (2).
the action is the same in which Fachin granted, in June 2020an injunction (provisional decision) suspending police operations in the communities of Rio de Janeiro during the covid-19 pandemic, except in exceptional cases and justified in writing.
More than a year after the precautionary measure was granted, the PSB filed an embargo (a type of appeal) alleging that the decision was being disregarded by the Rio de Janeiro police. The party presented data on the drop in police lethality in the state after the injunction, and claimed that it would be increasing lethality in police actions amid the pandemic.
The caption cited cases such as the incursion of the Civil Police into the Jacarezinho favelain May last year, in which 28 people were killed.
proposals
As a result of this new petition, Fachin proposed 11 measures to contain police lethality in Rio de Janeiro, eight of which were approved this Thursday (3) by the Supreme Court, some unanimously and others by majority.
The imposition of the elaboration of a plan to reduce police lethality, for example, was unanimously approved. According to Fachin’s vote, which prevailed, the plan should also aim to control the violation of human rights by the Rio de Janeiro security forces and provide details on objective measures, specific timelines and forecast of the necessary resources.
Another proposal unanimously approved was the imposition of absolute priority on investigations involving child or adolescent victims, as well as the mandatory availability of ambulances in previously planned police operations in which there is the possibility of armed confrontations.
Criteria
By a majority, the plenary approved the imposition of criteria for police action in the communities of Rio de Janeiro, including that the police take as a guide criteria of proportionality in the use of force and exceptionality in carrying out police operations, in accordance with principles approved by the international community.
The majority also agreed that the use of lethal force by State agents is only justified when all other means have been exhausted, including non-lethal weapons, or when it is necessary to protect life or serious harm resulting from a concrete and imminent threat.
“In any event, endangering or even harming the life of someone will only be admissible if, after a thorough impartial investigation, carried out by the Public Ministry, it is concluded that the action was necessary to exclusively protect life and no other property from a threat. imminent and concrete”, reads the final decision of the trial.
At this point, only minister André Mendonça was defeated, who cast his debut vote in the Supreme Court, after being sworn in in December. He expressed the fear that the point would unduly restrict police action. “It is not by preventing or restricting the actions of these security forces that the problem will be solved, on the contrary”, he argued.
Mendonça followed the others, however, in reaffirming the imposition of conduct such as the prohibition of executing court orders at night and the use of homes or any private property as an operational base for the security forces. These points were unanimously approved.
Measures rejected
Among Fachin’s proposals that were rejected is the removal of the secrecy that falls on the protocols of action of the security forces in Rio de Janeiro. The point caused division among the ministers, being rejected by 6 votes to 4. In addition to the rapporteur, Rosa Weber, Luís Roberto Barroso and Cármen Lúcia were defeated.
“Police action protocols deal with issues sensitive to the performance of public security forces, so that a wide prior disclosure can compromise their activities”, argued Minister Gilmar Mendes, who was part of the winning chain along with Alexandre de Moraes, André Mendonça, Nunes Marques, Dias Toffoli and Luiz Fux.
Another point rejected, this time by 10 to 1, was the prediction that house searches, when carried out without a court order, could not be carried out based solely on anonymous reports. For most, this instrument is essential in the context of communities in Rio de Janeiro.
The plenary also rejected the proposal that the Federal Public Ministry (MPF) be declared the body responsible for investigating violations of the Supreme Court’s decision. For the majority, this attribution is, in principle, the responsibility of the MP of Rio de Janeiro.
Another measure rejected was for the National Council of the Public Ministry (CNMP) to monitor the suitability of changes recently promoted in the Specialized Action Group in Public Security (Gaesp), of the MP from Rio de Janeiro.
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