Nova Brasília Case: 8 years after being sentenced, Brazil continues to ignore the International Court decision

Remember the massacres that led the country to be condemned at the Inter-American Court of Human Rights and its relation with the ADPF of Favelas in the fight against police brutality

Foto: Tomaz Silva/Agência Brasil

This month, it has been eight years since Brazil was condemned by the Inter-American Court of Human Rights (IA Court HR) – a body connected to the Organization of American States (OAS) – in the Favela Nova Brasília case, which exposed executions and police brutality in Rio de Janeiro. In spite of the decision, relatives of the victims are still asking for justice.

The case harkens back to two massacres perpetrated in 1994 and 1995 in the Nova Brasília favela, in the Complexo do Alemão region, when 26 people were executed and three women, including two teenagers, were sexually abused by members of law enforcement. The investigations were riddled with flaws and omissions, resulting in the crimes remaining unpunished.

In 2015, the human rights violations reached the Inter-American Court of Human Rights through an action filed by Cejil (Center for Justice and International Law) and Iser (Institute of Studies on Religion). Two years later, in 2017, the Court condemned the Brazilian State and determined that the murders should be properly investigated.

Compromised investigation and impunity

The sentence of the IA Court HR emphasized the need for independent and non-biased investigations into human rights violations perpetrated by State officials. However, the reality is that the investigations and judgments made were not autonomous.

The maintenance of the jurisdiction of Military Justice over certain cases and the violation of the jurisdiction of the Jury Court to judge crimes perpetrated by police officers against civilians are obstacles in the path to effective accountability. Furthermore, the subordination of expert investigation bodies – such as the Forensic Medicine Institute (IML) and the Criminology Institutes – to the civil police forces hinders the impartiality of investigations.

Another critical aspect is the effective participation of victims and relatives in investigative proceedings, a right assured by the IA Court HR, but still distant from the Brazilian reality.

Unfulfilled promises of reparations 

The Court also determined reparation measures for victims and their relatives, including free medical and psychological assistance. However, the implementation of those measures has been hindered by inconsistency and gaps.

Also concerning is the continuity of police brutality patterns similar to those condemned in the Nova Brasília favela case. The absence of effective policies to reduce police lethality and ensure the proper training of law enforcement  indicates that guarantees of non-repetition are still more theoretical than practical.

Pending issues for the Brazilian State

To fully meet the decision of the Court, Brazil must adopt urgent measures, including:

• Properly and effectively implement reparation measures for victims and relatives;
• Reopen investigations and conduct judicial proceedings in a serious and independent manner;
• Carry out public acts of recognition of responsibility and install commemorative plaques to preserve the memory of victims;
• Implement public policies that reduce police lethality and promote changes to the institutional culture of law enforcement;
• Ensure the independence of forensic bodies, separating them from police structures;
• Ensure the effective participation of victims and relatives in investigations.

ADPF of Favelas: a possible path

The persistence of police brutality in outskirt communities reinforces the need for structure-wide solutions. In this sense, the Action for Non-compliance with a Fundamental Precept (ADPF) 635, known as the ADPF of Favelas, represents a significant step forward by attempting to limit police raids in Rio de Janeiro favelas and establish protocols to reduce police lethality in the country.

The ADPF proposes concrete measures aligned with the condemnatory sentence of the IA Court HR, such as the promotion of independent investigations, community participation in public security and the definition of specific protocols for raids in densely-populated areas. If effectively implemented, these guidelines could represent a decisive step towards preventing new violations and building a safer public security system.