On June 5, 2020, nearly 3 months after the Covid-19 pandemic began in Brazil, the Supreme Federal Court (STF) restricted police operations in favelas in Rio de Janeiro state as a mean to avoid collateral victims during police operations (police lethality). Following the decision, the operations were not banned but had to start complying with several requirements. The new rules, which aim to restrict operations in exceptional situations came after appeals from the civil society and social institutions that showed deep dissatisfaction with the excessive use of force by the police. They complained about the lack of concern of authorities for people that had to comply with social isolation measures in favelas where operations were taking place.
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The implementation of the new rules caused an immediate and significant drop in the number of shootings and in the number of deaths in June, July, August, and September of 2020. The situation, however, started to return to normality in October, with a new interpretation of the STF decision by the Civil Police (see below) and the return of regular police operations. During March 2021, the pace of violent operations surpassed pre-pandemic level and within the month of March 2021, the number of police operations with shootouts was 183, while during the month of March 2020 it was 128.
Considering the situation, the STF held a public hearing with the participation of Fogo Cruzado data laboratory (see the frame hereafter) to discuss strategies to reduce police lethality on April 16 and 19. The result of the hearing was the creation of a specialized group of prosecutors and public agents within the Public Ministry of Rio de Janeiro focused exclusively on the external control of police activities (see below).
PUBLIC PRESSURE AGAINST POLICE OPERATIONS
Just before the restrictions on operations, cases of serious police blunders, such as the death of innocent minors caused great repercussion in society, reaching the apex with the death of the teenager João Pedro (18/05/2020) during a police operation in São Gonçalo.
An analysis made by Harvard researchers based on data obtained from Rio de Janeiro’s Public Security Institute and Fogo Cruzado, pointed out that the reduction of violence indicators was due to STF’s decision. During June 2020 – month in which the restrictions were implemented – 32 deaths were caused by police operations in the state, while during the same months of 2019 and 2018, the figures were 153 and 155, respectively. The number of shootouts involving the police in June 2020 (321) was 52% lower than June 2019 (667).
THE POLICE POINT OF VIEW
The police have always been against the restrictions, saying that even if some indicators showed reductions of collateral victims, criminal organizations were taking advantage of the situation to restructure and strengthen themselves.
The attitude of the police towards the restrictions shifted in time. Initially, the police refused to carry out numerous actions. The STF, however, reminded them that operations were not forbidden, but should only be carried out in exceptional cases. Subsequently, operations slowly resumed their rhythm.
In September 2020, Allan Turnowski, the new Civil Police Director took office and made clear his interpretation of the STF order: Rio de Janeiro’s public security situation is exceptional, which, according to the STF requirements, allows police operations to be carried out. Consequently, the police lethality in October 2020 (145), increased significantly (+168%) compared to September 2020 (54) and came back to the same level as October 2019 (146).
PUBLIC MINISTRY TASKS ARE ENHANCED
As indicated hereabove, after the public hearing made by the STF on April 16 and 19, Rio de Janeiro’s Public Ministry (MPRJ) created, on April 23, an internal group of prosecutors and agents to reduce police lethality and violence throughout the state. At first, the mission of the group shall last one year, up to April 2022, but the period could be extended. The mission of the group is to control the legality of police operations during the pandemic and several judicial and administrative tools may be used for that purpose (investigations, terms of conduct adjustment, recommendations, civil actions, administrative improbity actions, etc.).
The main dilemma in the restriction to police operations in favelas is whether the police will be able to continue facing criminal organizations inside these locations leading to collateral victims or if the favelas will be reinforced as areas of lawlessness, where criminals can quietly organize their actions, gain wealth and strength.
FOGO CRUZADO
Fogo Cruzado is a data laboratory on urban violence that makes use of information provided directly by the population. Besides allowing the elaboration of very detailed reports on the local security context, the data collection tool itself, in the form of a mobile application, website, and twitter profile, can be used by the population to upload shooting events and to get informed.
The analyses of Fogo Cruzado complement in a certain way the work of the Public Security Institutes, which are the official agencies that collect public security statistics through police bulletins. Fogo Cruzado collects information about shootings – with or without police participation – wounded and shot in clashes, victims’ profiles and others.
