STF approves plan against police lethality in Rio’s favelas in unanimous decision

The Federal Supreme Court (STF) concluded on Thursday (3) the trial of the so-called “ADPF of the favelas”, an action that discusses the police standard in communities of Rio de Janeiro.

In unanimous decision, the 11 ministers approved a joint plan to combat police lethality and preserve the fundamental rights of the population.

The rapporteur of the case, Minister Edson Fachin, adjusted his original vote to incorporate suggestions from other magistrates and facilitate consensus.

“With this statement, the court recognizes that there is systematic and massive violation of human rights of citizens,” said Fachin. The trial began in 2019 and since then several injunctions had already been made.

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Among the main points defined by the STF are:

• The use of body cameras and mandatory audio and video systems in uniforms and vehicles of the Military Police and also by the Civil Police in external steps;
• Helicopter operations Only in cases of strict need, with later detailed report;
• Night raid prohibition no warrant, except in a properly justified flagrant;
• Compulsory presence of ambulances in police operations;
• Maximum protection children and adolescents in schools, day care centers and health facilities close to the confrontation areas;
• Data Publication on civil and police deaths with details of the circumstances;
• Implementation of a Mental Health Care Program of Policewith mandatory evaluation after critical incidents;
• Mandatory performance of Prosecution In cases with suspicion of involvement of security agents.

The president of the Supreme Court, Minister Luís Roberto Barroso, said the decision is the result of a conciliation effort between the ministers and represents a clear message to the country. “We want to give a message that public safety is at the top of priorities, and this decision reflects our concern with the life of the population and the performance of security forces,” he said.

Barroso classified the theme as “especially arduous” because it involves different and complex interests, but stressed that the Supreme was responsible for building a collective and balanced exit.

The trial was accompanied by representatives of civil society, relatives of councilor Marielle Franco, murdered in 2018, and the governor of Rio, Claudio Castro. The action was presented in 2019 by human rights entities after successive episodes of police violence in Rio de Janeiro communities.

The Supreme Court has now determined that the Government of Rio de Janeiro implements the measures, with deadlines and forms of monitoring to be defined in conjunction with the judiciary.