Brazil

Constitutional Provisions

According to Brazil’s 1988 Constitution, everyone has the right to life and to physical integrity.Art. 5, 1988 Constitution: "Todos são iguais perante a lei, sem distinção de qualquer natureza, garantindo-se aos brasileiros e aos estrangeiros residentes no País a inviolabilidade do direito à vida, à liberdade, à igualdade, à segurança e à propriedade."No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.Art. 5(III), 1988 Constitution: "ninguém será submetido a tortura nem a tratamento desumano ou degradante."Nobody will be held in custody unless there is a warrant for arrest issued by a judge with the requisite jurisdiction or unless the person was arrested in the process of committing a crime.Art. 5, (LXI), 1988 Constitution: "ninguém será preso senão em flagrante delito ou por ordem escrita e fundamentada de autoridade judiciária competente..." 

Under Article 15(XVI) of the Constitution, "all persons may hold peaceful meetings, without weapons, in places open to the public, regardless of authorization provided that they do not frustrate another meeting previously called for the same place, subject only to prior notice to the competent authority". However, the freedom of assembly may be restricted during a state of defenceArt. 136(I)(a)).and suspended during a state of siege.Art. 139(IV).

The Brazilian Constitution establishes that the military police are responsible for the preservation of public order and for policing.Art. 144, 1988 Constitution (as amended): "Às polícias militares cabem a polícia ostensiva e a preservação da ordem pública; aos corpos de bombeiros militares, além das atribuições definidas em lei, incumbe a execução de atividades de defesa civil."

Treaty Adherence

Global

Regional

National Legislation

Police Use of Force

The regulation of police use of force exists at both federal and state level in Brazil.

Federal Law

The 1941 Criminal Procedure Code establishes the principle of use of force in self-defence (“auto de resistência”) whereby force shall not be used except in the case of “resistance” or else in thwarting the attempted escape of a prisoner.Art. 284, 1941 Criminal Procedure Code (Código de Processo Penal DECRETO-LEI 3.689/1941 03.10.1941, Art. 284).The law further states that "if there is resistance to arrest", law enforcement officials can "use whatever means necessary to defend themselves or to overcome resistance".Art. 292, 1941 Criminal Procedure Code.

It has been asserted that this law has been used consistently in certain parts of the country to evade accountability for police killings.See, e.g. the 2009 report by Human Rights Watch,“Lethal Force”, which states that: "In nearly all cases in Rio and São Paulo in which police have killed people while on duty, the officers involved have reported the shootings as legitimate acts of self-defense, claiming they shot only in response to gunfire from criminal suspects. In Brazil, these cases are referred to as “resistance” killings. Given that police officers in both states do often face real threats of violence from gang members, many of these “resistance” killings are likely the result of the use of legitimate force by the police. Many others, however, are clearly not." At: https://www.hrw.org/report/2009/12/08/lethal-force/police-violence-and-public-security-rio-de-janeiro-and-sao-paulo. 

A 2014 federal statute ostensibly regulates the use of less-lethal weapons by law enforcement officials but also addresses the use of firearms. It calls for security agencies to prioritise the use of less-lethal weapons, provided that their use does not endanger the physical or mental integrity of police officers. Use must comply with the principles of legality, necessity, and reasonableness and proportionality.Art. 2, Federal law on Police Use of Less-lethal Weapons, Statute Nº 13.060 of 22 December 2014.It is not lawful to use firearms against a person fleeing who is unarmed or who does not represent an immediate risk of death or injury to public security agents or third parties, or against a vehicle that disrespects a police blockade on public roads, except when the act represents a risk of death or injury to public security agents or third parties.Art. 2, Federal law on Police Use of Less-lethal Weapons, Statute No. 13.060 of 22 December 2014. 

According to 2010 national interministerial guidelines on the use of force by law enforcement officials,Portaria N° 4.226, 31 December 2010.use of force must respect the principles of legality, necessity, proportionality, moderation, and appropriateness ("convenencia"). Officers "should not discharge firearms against persons except in cases of legitimate self-defense or imminent threat of death or serious injury." So-called "warning shots" are not considered acceptable because of the "unpredictability" of their effects. The ordinance also requires that an officer carry at least two less-lethal weapons. 

The national guidelines also establish that public security bodies must issue normative acts disciplining the use of force by their agents, objectively defining, among other things, the types of weapons and techniques that are authorised, the appropriate technical circumstances for their use, and the prohibition on the use of firearms and ammunition that cause unnecessary injury or constitute unjustified risk of harm.

State Law

São Paulo

A 2001 Statute defines certain unlawful acts as an "administrative violation".Art. 12, Complementary Statute n. 893/2001 of the State of São Paulo Establishes the Disciplinary Regulations for the São Paulo Military Police: "Transgressão disciplinar é a infração administrativa caracterizada pela violação dos deveres policiais-militares."The administrative violations, which are classified according to their gravity as either serious, medium, or light, include the following:

1.    In the course of an arrest, to disregard the constitutional rights of the person who is being arrested.Art. 13(1): "desconsiderar os direitos constitucionais da pessoa no ato da prisão".
2.    To unnecessarily use force in the course of an arrest or of a police action. Art. 13(2): "usar de força desnecessária no atendimento de ocorrência ou no ato de efetuar prisão".
3.    To fail to respect the physical integrity of the person arrested or detained.Art. 13(3): "deixar de providenciar para que seja garantida a integridade física das pessoas que prender ou detiver".
4.    To assault physically, morally, or psychologically a detained person under an officer's supervision or to allow any other person to do so.Art. 13(4): "agredir física, moral ou psicologicamente preso sob sua guarda ou permitir que outros o façam".

96.  To fire a weapon recklessly, negligently, unskilfully or unnecessarily (serious).Art. 13(96): “disparar arma por imprudência, negligência, imperícia, ou desnecessariamente”.

2013 Resolution on treatment of police shooting victims

Resolution SSP-05/2013, which was adopted by the São Paulo Public Security Secretariat on 7 January 2013, requires the police to call for emergency assistance immediately after shooting in order for emergency services to treat injured victims and to prevent police from removing victims from the locations where they were shot or injured. Military police are required to secure the locations of the killings and immediately notify the civil police who are charged with investigating the occurrence, and interviewing all of those involved. The new policy requires that forensic investigators go to shooting sites immediately upon being informed of a police shooting and homicides are to be recorded as “homicides resulting from police intervention” rather than “resistance” killing.According to Article 3: When police records, incident reports, crime reports and police inquiries are drawn up, Police Authorities should refrain from using the terms "resistance", "resistance followed by death" and similar expressions, which should be replaced, depending on the case, for "bodily injury resulting from police intervention" and "death resulting from police intervention".The policy was criticised on a number of points and on 16 May 2013 the Military Police issued a revised Standard Operating Procedure that permits police officers to remove shooting victims from crime scenes in two circumstances: first, in the absence of emergency health services; and second, with the express authorization of the Military Police Commander in cases in which the emergency response time is “inadequate". 

Rio de Janeiro

State-level regulations also exist with respect to use of force by Rio de Janeiro´s Military Police. Regulatory Instruction PMERJ/EMG-PM/3 Nº 33/2015 prescribes the gradual use of force by the police, listing actions that should be taken by officers before using lethal force:Regulatory Instruction PMERJ/EMG-PM/3 Nº 33 of July 2015. Doctrinal Notebook on the use of Force by the Military Police of Rio de Janeiro.

Level I - This category consists of verbalisation techniques.
Level II - This level includes options centred around gaining control, through persuasion and psychological manipulation techniques, and contact control techniques.
Level III - Due to the introduction of a physical component to the individual's insubordination, the police officer must now make use of containment and neutralisation techniques, with an emphasis on submission techniques.
Level IV - At this level, the individual's aggressive attitude leads the police officer to apply non-lethal defensive techniques.
Level V - At this level, the tactical options are geared towards the officer's survival and self-preservation, often requiring him to defend himself with lethal force.

Another Regulatory Instruction provides guidance on when military police officers may shoot.Regulatory Instruction PMERJ/EMG-PM3 Nº 044 of October 2015: Guidance on “when the Police should shoot".

Article 1 - The use of firearms by Military Police officers must be exceptional and never exceed what is strictly necessary to achieve the objective of containing a citizen in the following situations:

I.  In self-defence by a police officer or citizen at risk.
II. When there is resistance to arrest with the use of firearm or other lethal weapon.

Article 2 - The police officer must be aware of the principles that involve the firing of firearms, being sure that every shot must be justified to the administrative and/or judicial authorities, as the case may be.

Article 3 - Excessive use of force and firearms by police officers shall be subject to administrative, civil and criminal penalties.

Article 4 - The following rules must be observed in all cases: 

I.    Identify yourself as a police officer; 
II.    Clearly warn about possible firing, with sufficient time for the warning to be understood, if such a procedure does not pose an undue risk to the police or to others. 
III.    If there are victims, the police officer should, as soon as possible, provide the appropriate medical assistance.

Art. 5 - "Warning shots" are expressly prohibited, since shooting at random is a crime, according to Article 15 of Federal Law No. 10,826/2003.

Art. 6 - "Shots to prevent an escape", while the citizen is on foot or in a vehicle, are prohibited, except when the act represents a risk of death or injury to public security agents or third parties.

After the Supreme Court ordered the state of Rio de Janeiro to create a plan to reduce police lethality and control human rights violations by the security forcesHuman Rights Watch, Brazil's Supreme Court Orders Plan to Reform Rio de Janeiro Police, 2 March 2022, at: (see more information on national caselaw section below), the local government published a Decree establishing the state’s plan to reduce lethality resulting from police intervention.Decree No. 48.272 of 14 December 2022, at: https://leisestaduais.com.br/rj/decreto-n-48272-2022-rio-de-janeiro-estabelece-o-plano-estadual-de-reducao-de-letalidade-decorrente-de-intervencao-policial-e-da-outras-providencias.The plan is based on the simultaneous improvement of three areas: human resources, material resources, and administrative and operational procedures.Art. 1, Decree No. 48.272, of 14 December 2022.

Measures to improve human resources include, among others, implementing continuous training for officers aimed at understanding and applying the differentiated use of force, activities that enable the development and improvement of the police officer's socio-emotional skills, and psychological support measures for police officers.Art. 2, Decree No. 48.272, of 14 December 2022.

Regarding material resources, the plan established the provision of equipment that guarantees the efficiency and effectiveness of police activity, both in the planning of operations and in the application of the use of force, including intelligence and tactical equipment, portable cameras for individual use by the police officers involved, and more modern and sophisticated weapons, accessories and ammunition, which will “serve to improve the precision and effectiveness of police actions, which will result in a reduction in lethality, since they will ensure sufficient weapon superiority, discouraging confrontation and armed conflict”.Art. 3, Decree No. 48.272, of 14 December 2022.

Finally, to improve administrative and operational procedures, the Plan requires that the police should guide their operations and administrative measures following the operations, by the following precepts: non-use of public assets of essential services as operational bases, carrying out operations when there is less movement of local population, use of cameras for individual use and collective use in special purpose vehicles, improvement of the respective investigative and correctional structures, as well as the techniques for monitoring and investigating police incidents involving the use of force and violent actions, among others.

Police Oversight

In Brazil, the military courts have jurisdiction over cases involving military crimes defined as such by the Military Penal Code. This typically covers the actions of the Military Police. There is also the possibility of policemen committing “ordinary crimes.” In these cases, they can either be tried by the relevant state court or by the federal courts. If a military officer commits an intentional crime against the life of a civilian, he will be tried by a jury.Art. 9(1) of the Military Penal Code, Decree-Law No. 1.001 of 21 October 1969: “Os crimes de que trata este artigo, quando dolosos contra a vida e cometidos por militares contra civil, serão da competência do Tribunal do Júri.”

Police officers may be charged with the commission of torture under Law 9.455/97 of 7 April 1997.The crime of torture: Lei Nº 9.455, of 7 April 1997.According to Article 1 of the Law, the crime of torture includes the following:

 I - To humiliate someone with the use of violence or a serious threat, causing physical or mental suffering:
 a.    For the purpose of obtaining information, a statement or a confession of the victim or a third party; 
b.    To provoke a criminal action or omission;
c.    Because of racial or religious discrimination;

II - to subject someone under their guard, power or authority, with the use of violence or serious threat, to suffer intense physical or mental treatment, as a form of punishment or as a preventive measure. 

The penalty on conviction is a term of imprisonment from between two and eight years. The penalty is increased by one-sixth to one-third if the crime is committed by a public official or against a child, pregnant woman, disabled person, adolescent, or person over 60 years of age. A conviction will result in the loss of public office, function or employment and a ban on exercising it for twice the term of the penalty imposed.

Concerned with the countless cases of police abuse in Brazil, Human Rights Watch recently recommended the adoption of a new resolution by the National Council of Public Prosecutors (CNMP) that “ensures prompt, thorough, and independent investigations of killings, torture, sexual violence, and other abuses by security forces, and that the resolution is properly implemented”.Human Rights Watch, Brazil: letter to the attorney general Augusto Aras, 12 September 2023, at: https://www.hrw.org/news/2023/09/12/brazil-letter-attorney-general-augusto-aras#_ftn13.

Anyone who subjects a person arrested or under a security measure to physical or mental suffering, or any act not permitted by law or not resulting from a legal measure incurs the same penalty. In addition, anyone who fails to act in the face of this type of conduct when they had a duty to prevent it or to investigate the offender, incurs a sentence of imprisonment of one to four years. If physical injury of a serious or very serious nature occurs, the sentence is imprisonment from four to ten years; if it results in death, the sentence is imprisonment from eight to sixteen years. It is further stated that torture is a serious crime and may not be the subject of a pardon or amnesty. 

Police oversight at state level

São Paulo

From 2003 to 2022, the Special Task Force on Police Control (GECEP), a unit within the state prosecutor’s office, was responsible for investigating alleged abuses committed by military police officers.See, e.g., https://www.hrw.org/news/2013/07/29/letter-governor-alckmin-and-attorney-general-marcio-rosa-about-police-violence.Resolution no. 1.516/2022 of 22 August 2022 replaced GECEP with the creation of the Special Action Group for Public Security and External Control of Police Activity (GAESP) within the Public Prosecutor's Office of the State of São Paulo. GAESP is entrusted with the constitutional mission of external control of police activity based on the Principle of Human Dignity and the Democratic Regime, in an interdisciplinary, interprofessional and interinstitutional manner, aiming at the collective protection of public security through administrative and judicial measures.

The main difference is that the new group has a broader remit than the old GECEP (which was expected to work on police enquiries and in police stations), being able to plan, propose, supervise and monitor public security policies, as well as carrying out external control of the police, including municipal guards. GAESP must have access to the data systems managed by the state's public security bodies, and may carry out state audits of police occurrences and police enquiries to obtain information useful to the institutional work of the Public Prosecutor's Office.Arti. 4(4), Resolution No. 1.516/2022. 

Rio de Janeiro

Investigatory failures

From 1999 to 31 March 2012, the Rio Police Ombudsman’s Office recorded more than 11,300 complaints against police officers concerning criminal conduct. These complaints generated only 43 criminal charges by state prosecutors and four convictions.See: https://www.hrw.org/news/2012/06/14/brazil-letter-governor-cabral-police-violence.

The “Juan” case led to the introduction of new guidelines on the investigations into “resistance killings” in Rio de Janeiro. The disappearance of Juan de Moraes was one of many incidents of police violence in 2011. Mr de Moraes disappeared on June 20 after an incident in the Danon favela in which three others were shot by military police. No serious investigation into the shoot-out took place. It was only after considerable media attention that civil police investigated the scene of the shooting and sought out eyewitness testimony. They found Mr de Moraes’ DNA at the crime scene and other evidence which indicated that no shoot-out had in fact taken place. Ten days later, they discovered his body in a river. 

After this incident, the Civil Police Chief Martha Rocha introduced civil police regulations on “resistance” killing investigations. Regulation PCERJ Nº 553 of 7 July 2011 requires civil police to immediately isolate and analyse the crime scene; to test guns used by police during the operation that led to the shooting; to collect eyewitness testimonies, and to conduct separate interviews with all police officers involved.Regulation PCERJ Nº 553, at: http://www.adepolrj.com.br/adepol/noticia_dinamica.asp?id=17680.

In April 2021, the General Coordination of Public Security of the Public Prosecutor's Office of the State of Rio (CGSP/MPRJ) was created to promote functional integration, the exchange of information and strategic coordination between the structures and executive bodies of the MPRJ around public security. One of the body's attributions is to carry out external control of police activity, including verifying the regularity, suitability and efficiency of police activity.Art. 1, Resolution GPGJ No. 2.409 of 12 April 2021, available at: https://www.mprj.mp.br/documents/20184/2137787/consolidado_2409.pdf.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its concluding observations on Brazil’s implementation of the Convention against Torture issued in 2023, the Committee against Torture expressed deep concern “about the persistent use of excessive force, especially the use of lethal force, by law enforcement and military officials in the context of security operations to combat organized crime”.Committee against Torture, Concluding Observations, UN doc. CAT/C/BRA/CO/2, 12 June 2023.In particular, the Committee expressed concern about

(a) The grave human rights violations, including extrajudicial killings and torture, during highly militarized police raids in favelas carried out by law enforcement officials from multiple State security entities, including the military police, the civilian police and the federal highway police; 

(b) The use, during these raids, of heavy and indiscriminate firing of machine guns in densely populated areas, resulting in the death and injuries of predominantly AfroBrazilian civilians, who are residents of favelas, including pregnant women and children; 

(c) Reports of other forms of serious violence perpetrated by law enforcement officials during raids in favelas, including sexual violence and beatings perpetrated predominantly against Afro-Brazilians; 

(d) The lack of effective and timely independent investigations into grave incidents of the use of excessive and lethal force, and the application of military law in certain cases of the use of excessive and lethal force that took place during civilian policing activities; 

(e) Reports that legislative proposals (Bill No. 733 of 2022) would, if adopted, expand the legal protection afforded to law enforcement officials who engage in the use of excessive and lethal force.

The Committee then called on Brazil to take “urgent measures to end the use of excessive force, especially the use of lethal force, by law enforcement and military officials” by:

(a) Continuing the efforts to demilitarize law enforcement activities in the State party; 

(b) Ensuring that guidelines and manuals used to train all relevant law enforcement and security officials outline protocols for the use of force, according to the principles of proportionality, necessity and legality, as set forth in the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and standards relating to racial equality, and that training is effective and frequent; 

(c) Ensuring the deployment of less-lethal weapons during policing activities, particularly in areas densely populated with civilians, including Afro-Brazilians; 

(d) Strengthening independent oversight mechanisms with regard to all law enforcement entities in the State party and ensuring that all complaints of the use of excessive force, especially the use of lethal force, by these entities are promptly and impartially investigated, that the suspected perpetrators are prosecuted and, if found guilty, are punished in a manner commensurate with the seriousness of their actions, and that the victims or their families receive full redress; 

(e) Identifying and amending legal provisions and practices that are hindering accountability among law enforcement officials who engage in the use of excessive or lethal force, including pending legislative proposals that would expand protection afforded to law enforcement officials, and ending the application of military law in cases of the use of excessive or lethal force during civilian policing activities.

In its most recent concluding observations on Brazil's implementation of the ICCPR (also in 2023), the Human Rights Committee expressed its concern about the

numerous reports indicating that the use of lethal force by police and security personnel has remained excessively high for more than a decade, affecting disproportionately young people of African descent and lesbian, gay, bisexual and transgender persons. The Committee is also concerned that, despite the Supreme Court prohibition on police raids in low-income neighbourhoods in Rio de Janeiro during the COVID-19 pandemic, except in “absolutely exceptional cases”, a police operation in Jacarezinho favella in 2021 resulted in the death of 27 residents.Human Rights Committee, Concluding Observations, UN doc. CCPR/C/BRA/CO/3, 6 September 2023.

The Human Rights Committee was also concerned by "the use of racial profiling and the lack of accountability for excessive use of force and extrajudicial killings by law enforcement officers, and in particular by the absence of effective, timely and independent investigations, prosecutions and convictions of those responsible, as well as by the lack of appropriate reparations for victims" and by "reports about security forces destroying or manipulating evidence and/or falsely reporting cases as auto de resistência (resistance followed by death of a suspect at the hands of a member of security forces) to cover up unlawful killings.

It called on Brazil to: 

(a) Redouble its efforts to promptly, independently, impartially and thoroughly investigate all allegations of excessive use of force and extrajudicial killings, in line with the Model Protocol for a Legal Investigation of Extra-legal, Arbitrary and Summary Executions, ensure that all perpetrators are prosecuted, and, if found guilty, punished, and ensure access to justice and provide full redress and compensation for victims of such violations.… 

(b) Monitor the application of auto de resistência to avoid its being used as a way to cover up unlawful killings; 

(c) Consider the use of body cameras by law enforcement officers across states and the Federation, among other strategies, to improve monitoring and accountability; 

(d) Collect and publish disaggregated data on the excessive use of force and violations of the right to life by law enforcement officers, including on the basis of the victim’s race, gender, sexual orientation and indigeneity, as well as on homicide rates, and take appropriate measures to avoid the use of racial profiling.

Following a visit to Brazil in 2023, the Special Rapporteur on the rights to freedom of peaceful assembly and of association affirmed that Brazil has a long history of violence against peaceful demonstrators and the criminalization of social movements. He said: "Since June 2013, when mass protests erupted in opposition to an increase in public transport fares, human rights groups have documented an intensification of undue restrictions on the right to peaceful assembly, characterized by the excessive and unlawful use of force, arbitrary arrests and criminalization of peaceful assemblies." He further stated that

peaceful protests voicing dissent and criticizing government policies are reportedly the most affected. For instance, between May and July 2021, anti-government protesters repeatedly took to the streets to demand the impeachment of Mr. Bolsonaro, more COVID-19 vaccines and emergency relief during the pandemic. On 29 May 2021, in Recife, Pernambuco State, protesters were repressed by the military police with tear gas and rubber bullets. Similar protests were held on 3 and 24 July 2021 in São Paulo, when the police used tear gas against protesters. This contrasted with marches and demonstrations held in support of the former president, which were not subjected to repression.Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, UN doc. A/HRC/53/38/Add.1, 23 May 2023.

The Special Rapporteur called on Brazil to

(a) Develop a unified protocol for law enforcement officials on the facilitation of peaceful protest that is in compliance with international standards and reflects best practices. Such a protocol should prioritize de-escalation and negotiation strategies aimed at preventing and minimizing the use of force;

(b) Create an effective, well-resourced and independent federal oversight mechanism to effectively investigate complaints with regard to the conduct of law enforcement officers in the context of protests, including of those in positions of authority;

(c) Consult with civil society and other relevant stakeholders for the development of the above-mentioned protocol for law enforcement officials and oversight mechanism;

(d) Ensure that police officers exhaust non-violent means before resorting to force and, when force is justified and absolutely unavoidable, that they exercise restraint in proportion to the seriousness of the offence and to the law enforcement objectives pursued, with due respect to human rights;

(e) Refrain from the arbitrary or unlawful use of force by law enforcement officials against those taking part in peaceful assemblies and also refrain from the use of digital technology to silence, unlawfully or arbitrarily surveil or harass individuals or groups for having organized, taken part in or observed, monitored or recorded peaceful assemblies;

(f) Ban the use of rubber bullets and other indiscriminate less-lethal weapons in response to assemblies.

Regional

In a press release in 2022, after a police raid in Vila Cruzeiro favela that left at least 25 people dead, the Inter-American Commission on Human Rights condemned the “systemic police violence against Afro-descendant persons in Brazil” and urged the authorities to "promptly, diligently, and thoroughly investigate these events, punish anyone found responsible for them, and provide comprehensive redress for victims and their families, adopting a cross-sectional ethnic-racial approach”.Inter-American Commission on Human Rights, IACHR Condemns Police Violence Against Afro-Descendant Persons in Brazil, Calls on State to Fight Racial Profiling, 1 June 2022, at: https://www.oas.org/en/IACHR/jsForm/?File=/en/iachr/media_center/PReleases/2022/120.asp.

In its 2021 report on human rights in Brazil, the Commission noted the "gradual militarization of public security, which ultimately also reinforces a warlike mentality in both urban and rural settings". It found that the Brazilian police, statistically, is "one of the most lethal police forces in the world as well as the one with the largest number of murdered officers".Inter-American Commission on Human Rights, Situations of Human Rights in Brazil, 12 February 2021.

Nova Brasília v. Brazil (2017)

This case, which concerned police action in the Favela Nova Brasilia, the name given to a network of 15 favelas in northern Rio de Janeiro, was decided by the Inter-American Court of Human Rights in February 2017.Inter-American Court of Human Rights, Favela Nova Brasilia case v. Brazil, 16 February 2017.On 18 October 1994, the police carried out Operation Nova Brasilia in the Favela, which resulted in the deaths of 13 men and the sexual abuse of three girls. The official goal of the operation was to execute warrants that were not ultimately produced. A further operation seven months later, this time to intercept a local weapons trafficker, led to at least eight men being summarily killed by the police after surrender and a total of 13 fatalities. In its judgment, the Inter-American Court of Human Rights instructed Brazil to conduct an effective investigation into the murders. The Court also directed that “the expressions ‘opposition’ and ‘resistance’ must no longer be used in reports on killings that result from police intervention until an investigation conducted by independent experts confirms the events. In Brazil, these terms are routinely used in police reports to cover up abuse by agents of the State, placing the blame on the victims and limiting the investigations”.

National

According to the Brazilian Yearbook of Public Security 2023,Fórum Brasileiro de Segurança Pública, 17º Anuário Brasileiro de Segurança Pública, São Paulo, 2023, available at: <https://forumseguranca.org.br/wp-content/uploads/2023/07/anuario-2023.pdf.there were a total of 6,429 deaths as a result of police interventions in 2022 (an average of 3.2 deaths from police intervention per 100,000 inhabitants). Of all the civilians killed as a result of police interventions, 83.1% were Afro-Brazilians and 75.6% were aged between 12 and 29. The most lethal police forces were in the states of Amapá (16.6 deaths per 100,000 inhabitants), Bahia (10.4 deaths per 100,000 inhabitants) and Rio de Janeiro (8.3 deaths per 100,000 inhabitants). During the same period, 161 police officers were killed in the country.

“OPERAÇÃO ESCUDO” (2023)

In June 2023, two military policemen from the Tobias Aguiar Ostensive Rounds (ROTA) were on patrol near the Vila Julia community, in the city of Guarujá, state of São Paulo, when they were shot by armed individuals. One of the officers, Patrick Bastos Reis, died in hospital. As a result, the Military Police launched “Operação Escudo” (Operation Shield), to capture the ones responsible for the action against the police officers. During the 40 days of operation, 958 people were arrested and 28 people died in alleged confrontations with police. The operation came to an end only after the Brazilian National Human Rights Council (CNDH) gathered reports of human rights violations during Operation Shield and recommended that the government of São Paulo shut down the operation and present clarifications on the circumstances of the deaths. Human Rights Watch examined the police reports and observed “significant failures in the initial steps of the police investigations into the killings during the Escudo operation”, including flaws in the process of collecting statements from the police officers involved, hasty conclusions about self-defence, unsatisfactory autopsies, among others.Human Rights Watch, “They Promised to Kill 30”: Police Killings in Baixada Santista, São Paulo state, Brazil, 7 November 2023, at: https://www.hrw.org/report/2023/11/07/they-promised-kill-30/police-killings-baixada-santista-sao-paulo-state-brazil.

“GENIVALDO DE JESUS SANTOS” CASE (2022)

In May 2022, Genivaldo de Jesús Santos, an Afro-Brazilian man with a mental disability was stopped by the Federal Road Police in the city of Umbaúba, state of Sergipe, for driving a motorbike without a helmet. After being pulled over, he was placed in the boot of the police car. The officers threw tear gas and pepper spray inside the vehicle and closed the boot door on the victim's leg, leading to his death by asphyxiation. The police officers remained free until their pre-trial detention was ordered in October 2022, after the Public Prosecutor's Office filed a criminal lawsuit against them for the crimes of torture, abuse of authority and qualified homicide.“Outrage in Brazil as mentally ill Black man dies in police car ‘gas chamber’”, The Guardian, 26 May 2022, at: https://www.theguardian.com/world/2022/may/26/brazil-mentally-ill-black-man-dies-gas-police-car.

It was decided by the competent Federal Regional Tribunal that the officers would be subjected to a popular jury trial, but the defence appealed this decision, and the criminal lawsuit is still pending judgment.Tribunal Regional Federal da 5ª Região, Policiais Acusados do Homicídio de Genivaldo dos Santos Serão Julgados por Júri Popular, 17 July 2023, at: <https://www.trf5.jus.br/index.php/noticias/leitura-de-noticias?/id=324965.In August 2023, the administrative disciplinary procedure that investigated the conduct of the officers was concluded by the Internal Affairs Department of the Federal Road Police and they were officially dismissed from their posts."Dino assina demissão de 3 agentes da PRF que participaram da morte de Genivaldo Santos", CNN Brasil, 14 August 2023. at: https://www.cnnbrasil.com.br/politica/dino-anuncia-demissao-de-3-agentes-da-prf-que-participaram-da-morte-de-genivaldo-santos/.

VILA CRUZEIRO FAVELA (2022)

On 24 May 2022, in the Vila Cruzeiro favela in Rio de Janeiro, a joint operation by the Special Police Operations Battalion (BOPE), the Federal Police and the Federal Road Police targeting some leaders of the gang Comando Vermelho resulted in the deaths of at least 23 people, including a woman who was hit by a stray bullet. It was the second most lethal police operation in the city (second only to the one in Jacarezinho, which occurred a year earlier).“Brazil: at least 21 people killed during police raid in Rio favela”, The Guardian, 24 May 2022, at: https://www.theguardian.com/world/2022/may/24/brazil-police-raid-rio-favela-death-toll.Jair Bolsonaro, then president of Brazil, used his Twitter account to congratulate the “warriors of BOPE and the Police of Rio de Janeiro" for having "neutralised at least 20 criminals linked to drug trafficking in a confrontation".“Bolsonaro parabeniza ação policial que deixou 23 mortos na Vila Cruzeiro”, O Globo, 24 May 2022, at: https://oglobo.globo.com/rio/noticia/2022/05/bolsonaro-parabeniza-acao-policial-que-deixou-22-mortos-na-vila-cruzeiro.ghtml.The investigations are still open.

JACAREZINHO FAVELA (2021)

In May 2021, an operation by the Civil Police against drug trafficking in the Jacarezinho favela in Rio de Janeiro resulted in the deaths of at least 28 people, including one police officer and one teenager. It was the most lethal police operation in the city.“Rio de Janeiro: at least 25 killed in city’s deadliest police raid on favela”, The Guardian, 6 May 2021, at: https://www.theguardian.com/world/2021/may/06/rio-de-janeiro-police-raid-favela-jacarezinho.After the actions, Claudio Castro, governor of the state of Rio de Janeiro, called those killed in the police operation in the Jacarezinho “vagabonds”."Governador do Rio chama vítimas de chacina do Jacarezinho de 'vagabundos'”, CNN Brasil, 30 May 2022, at: https://www.cnnbrasil.com.br/nacional/governador-do-rio-chama-vitimas-de-chacina-do-jacarezinho-de-vagabundos/.The investigations of 24 of the 28 deaths were closed due to a lack of evidence to disprove a scenario of self-defence on the part of the police officers. Only four deaths resulted in charges being brought by the Public Prosecutor's Office, three against police officers and one against traffickers (for the execution of officer André Frias)."Investigação de Massacre no Jacarezinho (RJ) chega ao fim com 24 das 28 mortes arquivadas", Folha de São Paulo, 5 May 2022, at: https://www1.folha.uol.com.br/cotidiano/2022/05/investigacao-de-massacre-no-jacarezinho-rj-chega-quase-ao-fim-com-24-das-28-mortes-arquivadas.shtml. 

SUSPENSION OF POLICE OPERATIONS IN FAVELAS DURING THE PANDEMIC (2020)

On 5 June 2020, the Federal Supreme Court (STF) ordered the suspension of police operations in communities in Rio de Janeiro during the COVID pandemic, except in “absolutely exceptional cases”.STF, Case status ADPF 635, at: https://portal.stf.jus.br/processos/detalhe.asp?incidente=5816502; STF, Tutela Provisória Incidental na Medida Cautelar na ADPF 635 Rio De Janeiro, 5 June 2020, at: https://portal.stf.jus.br/processos/downloadPeca.asp?id=15343352680&ext=.pdf.The preliminary decision determined that, in the event of those exceptional circumstances, proper measures must be taken not to put the population, the provision of public health services and humanitarian aid activities at even greater risk. In the decision, Minister Edson Fachin highlighted that

the use of force is only legitimate if it is demonstrably necessary to protect a relevant interest, such as the life and property of other people. The requirement of proportionality stems from the need to protect the right to life and physical integrity and is supported by in the United Nations Basic Principles on the Use of Force. …

It should be added that the use of lethal force is not to be confused with the intentional use of lethal force, i.e. use with the aim of taking someone's life. The conditions for the use of lethal force must therefore be even stricter. As established by Principle 9, the intentional lethal use of a firearm can only be used when strictly indispensable to protect the life of the perpetrator or others. …

State agents must thoroughly justify all the circumstances that led them to use the weapon and must demonstrate that the exception to its use is fully justified by the circumstances of the case. These reports must be examined by an independent authority and, in cases of lethality, must be sent immediately for review. …

If, as the Inter-American Court's decision attests, the protocols for the use of force were already precarious, in a pandemic situation, with people spending most of their time in their homes, they become, if they exist at all, of questionable utility. Police operations carried out in crowded places become even more risky and weaken the already low accountability that should guide the actions of all public agents.

From June to September 2020, deaths resulting from police action in Rio de Janeiro fell significantly but started rising again from October, after the intensification of police operations in the state, despite the Supreme Court’s decision. In February 2022, in the same judicial case, the plenary of STF ordered the state of Rio de Janeiro to submit a plan aimed at reducing police lethality and controlling human rights violations by the security forces,Human Rights Watch, Brazil's Supreme Court Orders Plan to Reform Rio de Janeiro Police, 2 March 2022, at: https://www.hrw.org/news/2022/03/02/brazils-supreme-court-orders-plan-reform-rio-de-janeiro-police.to create a judicial observatory on citizen policing within the National Council of Justice (CNJ) to monitor compliance with its preliminary decision and to install GPS equipment and audio and video recording systems in police vehicles and uniforms, among other measures.

“JOÃO PEDRO” CASE (2020)

In May 2020, João Pedro, a 14-year-old Afro-Brazilian, died after being shot by a rifle shot during a police operation in the Complexo do Salgueiro, in Rio de Janeiro, while playing with his cousins at his relatives' house. According to the Police, the operation aimed to fulfil two search and seizure warrants against leaders of a criminal faction operating in the Itaoca community and, during the action, the traffickers' security guards fired at the officers. In December 2021, the Rio de Janeiro Public Prosecutor's Office filed a criminal procedure against the civil police officers, alleging they "entered the property and shot, for no justifiable reason, at the residence where six unarmed young men were, hitting and killing the victim". According to the complaint, the officers altered the crime scene with the "intention of creating traces of an alleged confrontation with criminals". The case is still ongoing, and no one has been convicted yet.“Black lives shattered: outrage as boy, 14, is Brazil police’s latest victim”, The Guardian, 3 June 2020, at: https://www.theguardian.com/world/2020/jun/03/brazil-black-lives-police-teenager.

“EVALDO DOS SANTOS ROSA” (2019)

In April 2019, ten Brazilian soldiers were arrested after their army patrol opened fire on a car carrying a family in the city of Rio. Police accused the soldiers of firing more than 80 shots at the car, killing driver Evaldo dos Santos Rosa and injuring a passenger and a passer-by. Mr Rosa was driving his family to a baby shower in northern Rio. Investigators believe the patrol mistook the family's car for one of the same colour driven by gang members. Police who searched the family's car said no weapons had been found inside. The soldiers have been charged with "non-compliance with the rules of engagement" and will be tried by a military court.

"AMARILDO" CASE (2013)

In July 2013, the construction worker Amarildo Dias de Souza, a habitant of the Rocinha favela, was taken by the Rio de Janeiro Military Police to a UPP unit (Unit of Pacifying Police) for questioning. He was never seen again. His family pressed for action and after three months of investigation the Rio de Janeiro´s Public Prosecution Service initiated a prosecution against 25 military policemen for the homicide of Amarildo. Twelve of the twenty-five police officers charged were convicted of torture followed by death and of hiding his body. 

CARANDIRU CASE (1992)

On 2 October 1992, a dispute between detainees at São Paulos´s Detention House threatened to get out of hand. The São Paulo Military Police, which was called on to intervene, ended up killing 111 inmates.http://www1.folha.uol.com.br/banco-de-dados/2017/10/1923603-ha-25-anos-massacre-do-carandiru-resultou-na-morte-de-111-detentos.shtml.This episode is known in Brazilian History as the “Massacre do Carandiru” (Carandiru Massacre). Some of the police officers involved were convicted at trial. The appelate courts, however, annulled the convictions. If the Public Prosecution Service does not manage to overturn this ruling in the Supreme Court, new trials will be held.

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