Brazil’s Crisis of Police Killings: Why Prosecutors Must Lead the Inquiries

Brazil Urgently Needs to Address Police Abuse and Impunity

September 12, 2023

In a letter to Brazil‘s Attorney General, Augusto Aras, Human Rights Watch has called for urgent action to address the chronic problem of police abuse and impunity in the country. The organization argues that the best way to tackle this issue is by ensuring that prosecutors lead investigations and that the investigations comply with international standards.

Misuse of Police Force and Impunity

The statistics presented by the nonprofit Brazilian Forum of Public Security are alarming, with over 6,400 people being killed by police in 2022 alone. In the span of less than a month, at least 62 people were killed during police operations in the states of Bahia, Rio, and São Paulo. While some of these killings may be justified acts of self-defense, many others result from the illegal use of force that often goes unpunished.

Currently, civil police in Brazil are responsible for investigating cases of police abuse, which raises serious questions of impartiality. The fact that civil police are investigating their own personnel and even members of the military police, with whom they may have worked in other cases, undermines the objectivity and integrity of the investigations.

In 2017, the Inter-American Court of Human Rights ordered Brazil to ensure that investigations of police killings, torture, or sexual violence are entrusted to an independent body separate from the police force involved in the incident. The Court specified that the prosecutor’s office should be that independent body. Therefore, Brazil has an obligation to comply with these decisions.

The Role of Prosecutors and the Need for New Guidelines

The National Council of Prosecutors, which oversees the work of federal and state prosecutors in Brazil, established a working group on March 10 to draft a resolution that will guide prosecutors’ investigations into cases of death, torture, and sexual violence in the context of police operations. Human Rights Watch emphasizes that the resolution should make it explicit that prosecutors not only have the authority but also the obligation to carry out their own investigations into all cases of police abuse.

The organization has documented numerous cases in which police officers intimidate witnesses, manipulate and destroy evidence, and fail to conduct adequate investigations into police killings. The new resolution should incorporate robust requirements for conducting investigations, including adherence to international standards, such as the UN Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (Minnesota Protocol).

Ensuring Impartiality and Transparency

Human Rights Watch recommends that state attorneys general in Brazil employ full-time forensic experts who are independent of the civil police. Additionally, specialized units of prosecutors dedicated to developing and enforcing police protocols to prevent abuses should be established, along with mechanisms to promptly respond to complaints of police misconduct. These measures will contribute to ensuring that investigations are impartial, effective, and transparent.

In order to protect victims, witnesses, and their families, the resolution should enable prosecutors to take statements and provide access to key information about the investigations. The establishment of accessible complaint mechanisms to report police misconduct, including the option of anonymous reporting, is also crucial.

Addressing the Root Causes of Police Abuse

Human Rights Watch emphasizes that police abuse not only affects victims and their families but also has a detrimental impact on the police force itself. Therefore, prosecutors should collaborate with the police to assess working conditions and address high levels of stress. The use of body cameras can help protect police officers from peer pressure and false accusations. Furthermore, addressing systemic racism within law enforcement is of utmost importance.

Awaiting the Approval of the Resolution

Once the working group drafts the resolution, it will be open for comment by prosecutors‘ offices throughout the country. The final resolution needs approval from the National Council of Prosecutors. President Luis Inácio Lula da Silva will also need to select a new attorney general or renew the mandate of the current one, with approval from Brazil‘s Senate.

Conclusion: Prosecutors Play a Crucial Role in Combating Police Abuse

Prosecutors have a significant role to play in breaking the cycle of violence and impunity in Brazil. It is imperative that the appointed attorney general not only promotes the adoption of a comprehensive resolution but also ensures that state attorneys general and state prosecutors implement its provisions. By placing prosecutors at the forefront of investigations into police abuse and ensuring compliance with international standards, Brazil can take meaningful steps towards justice, accountability, and the protection of human rights.

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