In its next visit to Espírito Santo state, which should take place soon, the National Council of Justice (CNJ) will encounter a situation even worse than that found in previous visits: a prison system plagued by overcrowding, individuals confined in metal containers and cells, a lack of hygiene, deaths, dismemberment, torture, abuse and a lack of judicial and administrative control over the situation. In sum, the Espírito Santo state government, after the work of a task force in May, has completely failed to honor its commitment to improve conditions in state detention centers.
There are measures that the Brazilian federal government, which is accountable in the international sphere, could adopt to end these human rights violations. One option is federal intervention: in May, the National Council for Criminal and Penitentiary Policy (CNPCP) made such a request to the Federal Attorney General. Although Espírito Santo state has already fully demonstrated its inability to resolve the situation and put an end to these human rights violations, the Federal Attorney General has not yet made a decision as to whether he will petition the Brazilian Supreme Court for permission to intervene in the state.
Various organizations, such as CONANDA (the National Council for Children and Adolescents) and CDDPH (Council for the Defense of Human Rights) have visited Espírito Santo state and have confirmed the gravity and persistence of the situation. Conectas has joined these organizations and today sent a communication to the Federal Attorney General, Dr. Roberto Monteiro Gurgel Santos, requesting that the petition for federal intervention be reviewed immediately.
In light of the Federal Attorney General's discretion not to forward the federal intervention petition to the Brazilian Supreme Court, Conectas has requested, in the alternative, that the cases before the Criminal Court of Viana, which has judicial authority over the use of metallic cells and over the CASCUVI prison, site of the most egregious human rights violations in the state, be removed to federal court pursuant to Article 109, Section 5 of the Brazilian Federal Constitution.