The Supreme Federal Court (STF) began the judicial year with the deliberation of a proposal that questions the excessive power used by law enforcement officers in favelas and communities of Rio.

The action in question was named “Sentence of Non-Compliance with Fundamental Precept 635”, better known as ADPF of the Favelas, and was suggested late in 2019 by the Brazilian Socialist Party and filed jointly with a series of black movements, mothers and relatives of victims of police lethality and civil society organizations.

The ADPF of the Favelas aims to adopt structural measures that can stop and reverse public security policies historically based on racism and violence against black territories and adjacent communities.

Fachin, the rapporteur of the case, said that he votes for the gradual use of force, not to its maximum potential. “I start from this premise, that the use of lethal force is not justified a priori. Strictly speaking, only in each specific case can the existence or not of legitimate defense be evaluated,” he argued.

In addition, he partially accepted a plan presented by the state government of the territorial division to combat police violence.

During his speech, Fachin stressed the importance of the discussion: “I understand that the situation of omission and widespread violation would not cease without a conclusive pronouncement from this court,” he said.

The judge urged the states and municipalities to send data on the victims of violence during the uniformed crusades, with a focus on transparency. “These are not goals, but indicators of what is happening,” he said, calling it a lie and a mistake to attribute the “chronic problems” of security in Rio to the Supreme Court.

The harmfulness of the actions of law enforcement in the favelas is a reflection of structural inequality and remains one of the greatest challenges to democracy and social justice in Brazil.

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