A little over a year after the collegial decision of the Supreme Federal Court, the Action for Non-Compliance with Fundamental Precept – 635, the ADPF of the Favelas, continues to be a legal and political arena of discussion and dispute regarding the direction of public security policy in Rio de Janeiro and its implications for Brazilian democracy.
The collegial decision of the Supreme Federal Court (STF) represents a serious setback in relation to the precautionary decisions issued by Justice Edson Fachin throughout the proceedings and was timid and contradictory, to say the least, in its assessment of the requests of the plaintiff and the coalition of social movements and civil society organizations that acted tirelessly as amici curiae, broadening the legal and political quality of the discussions in the superior court based on the diversity of viewpoints on the issue of state violence. Part of the STF's reversals, which demonstrate the implications of the Brazilian Justice System in the constitution of a public security policy based on anti-Black genocide, was the subject of an appeal by the Public Defender's Office of Rio de Janeiro, which is still pending judgment.
On the other hand, and despite the setbacks, the Supreme Court's decision mandates that institutions of the executive branch, the Public Prosecutor's Office of Rio de Janeiro, and the justice system adopt a series of measures related to the external control of police activity, autonomous and independent investigation of crimes committed by state agents, conducting forensic examinations following national and international protocols on the subject, body cameras, and the rights of family members of victims of state violence, especially regarding access to and effective participation in investigations.
To monitor compliance with this decision, the Supreme Federal Court (STF) ordered the creation of a Working Group, coordinated by the National Council of the Public Prosecutor's Office, with the participation of the state government and various institutions, such as the Public Prosecutor's Office of Rio de Janeiro and the Public Defender's Office, as well as researchers from the Getúlio Vargas Foundation and IPEA.
On the 18th of last month, this Working Group held its third public meeting, convened to gather information from civil society regarding any potential non-compliance with the Supreme Federal Court's decision. The meeting, held at one of the Federal Public Prosecutor's Office headquarters, was organized around a panel of Working Group members, composed exclusively of white individuals, including only one woman, who were there to listen to contributions from civil society, especially from social movements and civil society organizations that make up the coalition. amici curiae.
Read also the article on the Brasil de Fato website.
The ADPF das Favelas (Arguição de Descumprimento de Preceito Fundamental das Favelas) is a legal action whose legal and political foundation is the centrality of social movements and civil society organizations in its development. The absence of effective representation of civil society – especially of social movements and favela organizations – in the Working Group has been denounced by the coalition of which ISER is a part, as it contradicts the participatory spirit of the action and drastically reduces the possibilities of influencing the fulfillment of the judicial decision, especially on the central issues of reducing police lethality, democratic control of police forces, guaranteeing effective, autonomous and independent investigations for crimes committed by state agents, and guaranteeing the rights of family members of victims of state violence.
The overview presented on June 18th by movements, civil society organizations, and research and outreach groups indicates that, more than a year after the Supreme Court's decision, almost nothing concrete has been presented by the institutions, in a period marked by the Penha Massacre of October last year and its terrible repercussions for the families of the victims and for the entire territory of the Penha and Alemão Complexes. We argue that the Working Group should not only receive information, which, incidentally, we have been providing directly to the court, but should also be an effective space for dialogue, monitoring of the Supreme Court's decision, and accountability of the institutions regarding their constitutional and conventional responsibilities on the issue of public security.
At this moment of monitoring the collective decision, it is fundamental to remember, including in the public debate, that the central theme of the ADPF (Arguição de Descumprimento de Preceito Fundamental - Claim of Non-Compliance with a Fundamental Precept) concerning the favelas is the reduction of police lethality and the expansion of democratic control over repressive activity in Rio de Janeiro, within a context characterized by racism, violence, and arbitrariness.
The ADPF (Arguição de Descumprimento de Preceito Fundamental - Claim of Non-Compliance with a Fundamental Precept) is not the only arena where social movements and civil society organizations act in defense of life, public freedoms, and the democratization of institutions, but it forms part of a complex strategic framework that ranges from community actions and mobilizations, horizontal articulations such as the Popular Forum for Public Security, participation in institutional spaces, constitutional and international actions. The central point, however, is the understanding, especially important in an election year, that the current public security policy in Rio de Janeiro and Brazil as a whole hinders the effective possibilities of democratizing Brazilian society. We continue the struggle.
Ane Rocha
Kessia Gomes
Lucas Matos
ISER Rights and Justice System Team
*The opinion piece was published on the Brasil de Fato website. Access here!