"Although the criminalization of torture is provided for by law, torture continues as a practice in Brazilian police institutions." - Paulo Lugon, assessor internacional da Comissão Arns

Repudiation of the actions of the São Paulo police force and immediate dismissal of the Secretary of Public Security

4 Dec 2024, 16:04 ponte Foto: Reprodução

PN #71

With deep indignation, the Arns Commission repudiates the repeated acts of barbarism committed by military police officers in the state of São Paulo and urges the competent authorities to take all necessary measures to punish those responsible and suspend this perverse policy that has led to a dramatic increase in police lethality in the state.

Killing children, such as 4-year-old Ryan; shooting and killing a 23-year-old medical student who was unarmed and defenseless; throwing a human being in police custody off a bridge; or firing 11 shots in the back at an unarmed unemployed man suspected of stealing two bars of soap cannot become routine for an honest, decent police force that fulfills its obligations.

These horrific cases are the result of an irresponsible and criminal security policy conducted by the São Paulo State Public Security Department, which led to a 78% increase in deaths by police officers between January and September 2024 alone.

The State Public Prosecutor's Office must assume its functional duty to investigate and seek criminal accountability for all those who have directly participated in these atrocities, as well as those who, by action or omission, have contributed to the resurgence of this policy of extermination implemented in the State of São Paulo.

If he does not wish to be seen as complicit in the abusive practices of the police forces under his command, the Governor of the State must immediately remove the Secretary of Security, as well as the Commander of the Military Police, and order a thorough and rigorous investigation of these cases.

Given the seriousness of these violations, it is up to the Attorney General, in order to ensure compliance with Brazil's international obligations, to raise the issue of transfer of jurisdiction, so that these cases may be investigated concurrently by the Federal Police and eventually judged by the Federal Court, in the event that they remain unpunished at the state level.

The Arns Commission will forward a report on this escalation of police violence to the relevant international organizations, calling for urgent measures to put an end to this situation.

In light of this alarming scenario, the Arns Commission calls on Federal Supreme Court to continue exercising its role of protecting indigenous constitutional rights, avoiding the temptation to take shortcuts that only lead to dangerous setbacks, as they are not in accordance with the best traditions of our law. Outside the Constitution, there is no viable path to the just pacification of social conflicts.