Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports that state-level civil and military police committed unlawful killings. In some cases police employed indiscriminate force. The nongovernmental organization (NGO) Brazilian Public Security Forum reported that police killed 6,416 persons nationwide in 2020, compared with 6,351 persons in 2019 – only a 0.3 percent increase but the highest number of deaths ever recorded. During the year 17 of the 26 states saw increases. Experts attributed the growth in police lethality in many communities to a multitude of factors, including worsened economic conditions and high unemployment, declines in mental health, prisoner releases, rises in gun ownership, police forces heavily impacted by COVID-19 illnesses, and an increase in confrontations with organized crime. Data for the first half of the year largely indicated that numbers declined 8 percent in violent deaths in the first six months of the year, compared with the same period in 2020. Those killed included criminal suspects, civilians, and narcotics traffickers who engaged in violence against police. Accordingly, the extent of unlawful police killings was difficult to determine. The Federal Public Ministry and Federal Prosecutor’s Office, as well as state-level public ministries, investigate whether security force killings are justifiable and pursue prosecutions.
According to some civil society organizations, victims of police violence throughout the country were overwhelmingly young Afro-Brazilian men. The Brazilian Public Security Forum reported that almost 79 percent of the persons killed by police in 2020 were Black, compared with 56 percent of the country’s population that is Black.
Notably, in 2020 Rio de Janeiro State experienced a 32 percent decline in killings by police due to a June 2020 Federal Supreme Court (STF) injunction on police operations in Rio de Janeiro’s poorer communities during the COVID-19 pandemic, except in rare cases with preauthorization. Although as of August the injunction remained in effect, Rio de Janeiro saw increases in uses of lethal force by police during the first half of the year compared with 2020. In the city of Rio de Janeiro, most deaths occurred while police were conducting operations against narcotics trafficking gangs wielding military-style weapons in the more than 1,000 informal housing settlements (favelas), where an estimated 1.4 million persons lived. NGOs in Rio de Janeiro questioned whether all the victims actually resisted arrest, as police had reported and alleged that police often employed unnecessary force.
According to the Public Institute of Public Security, 804 persons died in Rio de Janeiro State from police interventions in favela communities in the first six months of the year, a 3.3 percent increase compared with the same period in 2020 (778) and a 9 percent decrease compared with 2019 (885). An August study by the Center of Studies on Public Security and Citizenship revealed that Rio de Janeiro’s Civil and Military Police conducted a total of 507 operations in the first six months of the year, a 32 percent increase compared with the same period in 2020.
According to a survey carried out by researchers at Universidade Federal Fluminense (UFF), at the request of the news outlet UOL, operations to combat drug trafficking (1,200), disputes between criminal groups (482), and retaliation for killing or attacking security agents (380) were the major motivators of police violence during the last 14 years. A second UFF survey assigned one of five ratings (disastrous, inefficient, slightly efficient, reasonably efficient, or efficient) by considering several factors such as the impacts of operations (e.g., dead, wounded, or imprisoned; the strategic and judicial motivations that justified them; and seizures, whether of weapons, drugs, cargo, or vehicles.) In the survey an “efficient” operation was one that took place through judicial and investigative procedures, complied with search or arrest warrants, resulted in a significant number of seizures (especially of weapons), and did not kill or injure persons. Analysis of the resulting data determined that only 1.7 percent of police operations in the slums of Rio de Janeiro from 2007 to 2020 met the criteria of “efficient,” and an additional 13 percent were rated “reasonably efficient.” Meanwhile, 40 percent were labeled “slightly efficient,” 32 percent were “inefficient,” and 12.5 percent were “disastrous.”
According to media reports and public officials, Rio de Janeiro experienced its deadliest police confrontation in the city’s history during a May 6 operation led by the Rio de Janeiro Civil Police’s Coordinator of Special Assets (CORE) and involving 200 police officers. CORE officers led an action against the criminal organization Comando Vermelho in the Jacarezinho neighborhood in the North Zone of the city when they encountered a blockade and heavy fire from armed groups. The operation resulted in the deaths of 28 individuals, including one police officer. Autopsy reports of the 27 civilians killed indicated that at least four victims were shot in the back at a distance of less than three feet, supporting local residents’ and public officials’ allegations that some of these killings were summary executions by CORE officers. Human rights advocates and some investigators assessed as credible reports that some of the criminal suspects, after being shot by police, were denied lifesaving first aid and medical care – a violation of Civil Police regulations and recognized human rights norms. The state’s Civil Police and Attorney General’s Offices were investigating the case. On October 18, a Rio de Janeiro judge accepted the criminal case against two CORE officers, Douglas de Lucena Peixoto Siquera and Anderson Silveira, for the death of Omar Pereira de Silva, who was already injured when he was killed. The officers were charged with murder and procedural fraud and fraud, respectively, after they allegedly planted weapons at the crime scene. The judge ordered the officers’ removal from CORE operations, prohibited them from carrying out police activities, and ordered that they have no contact with any witness in the case. Finally, the judge instructed that the Civil Police transfer their investigation to the state court.
The number of deaths resulting from military and civil police operations in the state of Sao Paulo from January to June decreased 33 percent, compared with the same period in 2020. According to the Sao Paulo state government, military and civil police reported 345 deaths from January to June – and 514 in the same period in 2020. Security authorities attributed the reduction in lethality in part to the use of bodycams by Military Police officers. This initiative started in the beginning of June when there were no killings reported among the battalions equipped with the technology (a total of 15 battalions of 134 plus three special units).
In March the Sao Paulo Committee for the Prevention of Homicide in Adolescence of the State Legislative Assembly, in partnership with UNICEF, released a report showing that from January 2015 to December 2020, 1,253 children and adolescents (age 19 years or younger) died as a result of police intervention in the State of Sao Paulo. Children and adolescents represented 24 percent of total victims’ deaths from police intervention.
A special report produced in April by the news agency G1 and based on the Monitor of Violence database, a collaboration between G1, the University of Sao Paulo’s Violence Study Nucleus, and the Brazilian Public Security Forum to study all types of violence in in the country, showed a 29 percent increase in the number of killings by Parana state police force operations between 2019 (289) and 2020 (373). Analysis of the first six months of 2021 showed a 14 percent increase, compared with the same period of 2020, with 210 deaths – a state record.
In the state of Santa Catarina, the number of persons killed by police forces increased 9 percent in 2020, compared with 2019, according to the Brazilian Public Security Forum data released in April.
In the state of Bahia, the use of lethal force by police increased by 47 percent in 2020 compared with 2019, but a July study by the Public Security Observatory Network showed a decline in deaths resulting from police intervention during the first five months of 2021. At the time of the study, Bahia counted 29 deaths from police intervention, a 36 percent decrease, compared with the same period in 2020.
In June, Rio de Janeiro’s Attorney General’s Office filed a criminal complaint against 13 police officers from the Battalion to Repress Conflicts (CHOQUE) on charges of altering a crime scene by removing the victims’ bodies. The charges stemmed from the investigation of a 2019 operation against drug trafficking by two military police battalions – the Police Special Operations Battalion and CHOQUE – in the Santa Teresa neighborhood of Rio de Janeiro that resulted in 13 deaths. Military police reported that all the victims were criminals; however, human rights organizations claimed the victims offered no resistance and that many were shot in the back. An investigation by Rio de Janeiro’s military police concluded that evidence was insufficient to prove that any crimes were committed. In November 2019 the Civil Police Homicide Division recommended that the case be closed and that none of the investigated police officers be held accountable for killings. As of August the case remained open, but no suspects had been arrested and no trial date had been set.
In July the Sao Paulo State Military Police command asked for preventive detention of three police officers after images from a security camera contradicted their version of events concerning the death of a driver during an interaction in Sao Paulo. While the officers claimed the man was killed in a confrontation, the footage showed what appeared to be an execution, and the footage suggested police further tampered with the scene and falsely reported the location of the action. The case was pending trial as of October.
In June investigations into the killing of 14-year-old Joao Pedro Matos Pinto led to the indictment of three officers from Rio de Janeiro’s CORE. The teenager was killed in May 2020 after he sought shelter in his home in Rio de Janeiro State’s municipality of Sao Goncalo as a police helicopter circled above his neighborhood of Salgueiro searching for a suspect. According to the autopsy report and witness testimonies, police raided Joao Pedro’s home and shot him in the back dozens of times after authorities said they mistook the teenager for the suspect during the joint operation of the Federal Police and CORE. Two CORE officers were charged with manslaughter without intention to kill, and the third was charged with involuntary manslaughter, because although he fired, he did not strike the victim. As of August the defendants had not been suspended from their regular duties and were awaiting a trial date. In the same neighborhood of Sao Goncalo, on August 20, 17-year-old Joao Vitor Santiago was killed as he returned from a fishing trip with a friend in an alleged exchange of fire between Military Police from the Seventh Military Brigade in São Goncalo and drug dealers during an operation. The Homicide Police Station of Niteroi, Sao Goncalo, and Itaborai was investigating the case.
Regarding the investigation of the June 2020 Rio Grande do Sul State shooting that injured Angolan citizen Gilberto Almeida and killed his friend, Dorildes Laurindo, an internal investigation of the Military Brigade indicted the police officers for military crimes and violations of discipline under the military justice system in August 2020, and the officers were placed on administrative duty. In September 2020 the Public Ministry found no intent of killing by the police officers and transferred the case back to the military court for further investigation of a possible crime under the military justice system. As of May, however, the documentation had not been provided to the military prosecutor responsible for the investigation. The State Military Court cited limited personnel and pandemic-related delays to explain the slow progress.
On October 14, Rio de Janeiro’s Military Court of Justice sentenced eight army soldiers from Deodoro’s (a neighborhood located in the West Zone of Rio de Janeiro) First Infantry Motorized Battalion to approximately 30 years in prison for the homicide of Black musician Evaldo Rosa dos Santos and Luciano Macedo, a trash collector, in April 2019. Four other soldiers involved in the operation were acquitted.
Verbal and physical attacks on politicians and candidates, including those by militias and narcotics trafficking criminal organizations, were common. According to a survey by the Center for Security and Citizenship Studies, at least 84 candidates for mayor, deputy mayor, or councilor positions were killed during the 2020 municipal campaigns between January and November 2020. An additional 80 politicians survived attacks with firearms or bladed weapons. Most of these crimes remained unsolved and their motivations unknown.
In the state of Rio de Janeiro, three Duque de Caixas city councilmen were killed in a span of 10 months. As of November 15, investigators had not established that the cases were connected or politically motivated. The killings prompted the installation of security cameras and meetings with the state government to demand the safety of council members and thorough investigations.
In August, President Jair Bolsonaro approved a law to combat political violence against women. The new law defines political violence against women to be any action, conduct, or omission with the purpose of preventing, hindering, or restricting their political rights, not only during elections, but in the exercise of any political or public function.
In July, Rio de Janeiro’s Court of Justice sentenced former military police officer Ronnie Lessa and four other persons to four years in prison for obstructing justice by tossing guns into the ocean, including the suspected murder weapon used in the 2018 killing of gay, Black Rio councilwoman and human rights activist Marielle Franco. On July 10, the lead state investigators of the Marielle Task Force, public prosecutors Simone Sibilio and Leticia Emile, resigned for unconfirmed reasons during a reported dispute over a plea agreement related to the cooperation of a key witness. On July 26, the Rio de Janeiro Attorney General’s Office appointed eight new members to the task force. As of August, Ronnie Lessa and Elcio Vieira de Queiroz, both former military police officers with long-standing ties to the militia group Escritorio do Crime (Crime Bureau), were in a federal prison awaiting a trial date.
The NGO Global Witness reported that 20 social, human rights, and environmental activists were killed in 2020, down from 23 killings in 2019. Despite the risk to activists, the Ministry of Women, Family, and Human Rights’ Program for the Protection of Human Rights Defenders, Communicators, and Environmentalists remained underfunded. In 2020 the program, which provided protection to more than 600 individuals under threat, received only 21 percent of its projected budget. Press reports described the decrease as a “dismantling” of the program and said that individuals under the protection of the government had once again began receiving threats.
There were no reports of disappearances by or on behalf of government authorities.
The constitution prohibits torture and inhuman or degrading treatment, but there were reports government officials sometimes employed such practices. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.
According to the National Council of the Public Ministry, in 2019 there were 2,676 cases of guards and other personnel inflicting bodily harm on prisoners compared with 3,261 cases in 2018.
In June the Inter-American Commission on Human Rights (IACHR) denounced the government for physical, verbal, and psychological aggressions committed against more than 150 adolescents at state-funded Fundacao Casa, a socioeducational center for adolescents in Sao Paulo, between 2015 and 2017. The Sao Paulo Public Defender’s Office made the complaint to the commission because the government “failed to ascertain responsibilities and compensate the victims,” according to a petition sent by the institution to the IACHR. The petition’s documentation, including testimonies and photographs of injuries, narrated recurrent aggressions and torture carried out by employees against the students during the period. The alleged abuses included beatings, intimidation by employees, and isolation without mattresses or personal belongings, with the participation and consent of unit authorities, such as directors and supervisors. The Public Defender’s Office insisted that the remedial actions taken by Fundacao Casa and the state of Sao Paulo, responsible for the guardianship of assisted minors, were not sufficient.
In the city of Rio de Janeiro, six men arrested during a police operation conducted in the Jacarezinho neighborhood on May 6 reported they suffered numerous aggressions and physical assaults following their arrest. The claims included having been tortured, beaten, hit in the head with a rifle, and forced to carry bodies to a police armored vehicle at the Jacarezinho crime scene immediately following the confrontation.
In June a military prosecutor denounced two police officers to the military court in Sao Paulo, Joao Paulo Servato and Ricardo de Morais Lopes, from the 50th Sao Paulo Metropolitan Military Police Battalion, who were filmed in May 2020 holding a Black woman to the ground by stepping on her neck. The woman sustained a fractured leg injury during the incident. The two officers were accused of abuse of authority, aggravated aggression, and ideological falsehood and remained on administrative duties. As of August 1, a trial date had not been set.
On July 29, the Sao Paulo First Criminal Court accepted the case of the Public Prosecutor’s Office against 12 military police officers on charges of intentional homicide of nine young persons during a street music event in the favela of Paraisopolis in 2019.
According to the Military Police Internal Affairs Unit, the inquiry had not been completed in the case of a Rio de Janeiro State military police officer accused of rape in August 2020. As of August the defendant was on administrative duty and awaiting trial.
On June 8, a military court convicted one military police officer of conducting a libidinous act in a military environment and acquitted a second police officer on 2019 charges of rape in Praia Grande, Sao Paulo. Judge Ronaldo Roth of the First Military Audit judged the act was consensual because the victim did not resist. The judge suspended the convicted police officer’s sentence, up to one year in prison. As of September, however, the Public Ministry of Sao Paulo opened an investigation into the friendship between Judge Roth and one of the defendant’s lawyers, Jose Miguel da Silva Junior.
In March 2020 the Military Prosecutor’s Office opened an investigation into the 2018 accusations of torture of seven male residents of Rio de Janeiro by federal military officers from Vila Militar’s First Army Division, detained during a 2018 drug-trafficking operation. By March 2020 all seven men had been released after one year and four months in detention. In November 2020 the Military Justice Court in Rio reinstated its ruling to detain the seven men following an appeal by the Military Public Prosecutor’s Office. In response to the claims of torture, the court affirmed there was not sufficient evidence to prove that the military officials had tortured the seven men. According to the Rio de Janeiro Public Defender’s Office, as of October none of the military officers involved in the alleged torture of the seven men had been charged or indicted.
Cruel, inhuman, or degrading treatment of prisoners continued. At the request of the Federal District and Territories Public Prosecutor’s Office, three prison police officers stationed in Brasilia’s Papuda Penitentiary Complex were preventively removed by the Criminal Execution Court on charges of beating two prisoners incarcerated in the Federal District I Prison. The officers also shot detainees inside a cell using a shotgun loaded with rubber bullets. The two events, recorded by security cameras, occurred on April 16. The case was being investigated by the Center for Control and Inspection of the Prison System of the Public Prosecutor’s Office.
In July the Military Police carried out Operation Bronze Bull in Belo Horizonte and four other cities to execute 26 search and seizure warrants against 14 police officers to assist in the Public Ministry of Minas Gerais’ investigation into crimes of torture against prisoners at the Nelson Hungary Penitentiary in Minas Gerais in July 2020. The investigation was classified as secret, so few details were publicly available.
The state of Paraiba was ordered to pay 50,000 reais (R$) ($8,950) in compensation for moral damages in the death of an inmate inside the state prison, a victim of violence by other inmates in 2008. The conviction also provided for a monthly pension in the amount of two-thirds of the minimum wage for material damages until the date the deceased would have turned 65 years old and until the date each immediate descendant turned 21.
Impunity and a lack of accountability for security forces at all levels, but especially at the local level, was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims. Examples of impunity were found in the armed forces and Federal police forces but were most common in the Military Police and Civil Police. Low pay, and the resulting endemic corruption, established an environment where individuals were not consistently held accountable. Furthermore, the overburdened judicial system limited the application of justice and encouraged corruption. The federal and state public ministries, as well as ombudsmen and ethics centers, investigated accusations of impunity. Human rights are included in security forces’ training curricula.
The constitution prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or called for by order of a judicial authority; however, police at times did not respect this prohibition. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.
The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, prevented fair trials.
Although the law and constitution prohibit warrantless searches, NGOs reported that police occasionally conducted searches without warrants. Human rights groups, other NGOs, and media reported incidents of excessive police searches in poor neighborhoods. During these operations police stopped and questioned persons and searched cars and residences without warrants.