Supreme Court resumes trials on police violence and humiliating searches

The Supreme Federal Court opens the judicial year with crucial human rights issues, such as the ruling on humiliating searches in prisons and the ADPF (claim of non-compliance with a fundamental precept) of the Favelas

Integrantes de movimentos sociais e familiares vítimas de violência estatal acompanham julgamento da ADPF das Favelas, em novembro de 2024. Foto: Jeferson Batista/Conectas

The Supreme Federal Court (STF) begins its 2025 agenda with rulings that are decisive in terms of human rights. On Wednesday (5), the Court is expected to analyze the ADPF of the Favelas, which calls for concrete measures to reduce police lethality in the Rio de Janeiro favelas and also to decide on the legality of proof that is gathered during humiliating intimate searches in prison facilities.

See below to find out more about these actions: 

ADPF of the Favelas: a benchmark in the fight against police violence 

The Claim of Non-Compliance with a Fundamental Precept 635, known as the “ADPF of the Favelas”, was initially filed in 2019 in response to the high death rate during police operations in the Rio de Janeiro favelas. This is a joint effort by social and favela movements, civil society organizations and human rights defenders.

This action challenges the public security policy of the state of Rio de Janeiro and is seeking concrete measures to reduce police violence. In 2020, during the Covid-19 pandemic, the Supreme Court placed a temporary ban on police operations in the favelas. Initially this led to a reduction in deaths, however the state government subsequently disregarded the ruling, as referenced by the coalition of organizations involved in the case, including Conectas.

In 2022, the Supreme Court ordered new measures, including the development of a plan to reduce police lethality and the creation of an observatory to monitor implementation.

The first stage of the trial took place in November 2024, with strong support from civil society. Oral arguments and the report were presented. Now, on February 5, the Court is expected analyze the merits of the case, and the justices will vote. 

ADPF 635 seeks the implementation of concrete measures to reduce police lethality, including:

• The development of a Plan to Reduce Police Lethality
• Greater transparency in police operations
• Independent investigations into abuse and deaths during operations
• Special protection for vulnerable groups, such as children and adolescents

The ADPF of the Favelas Coalition, which brings together favela movements, families of victims of state violence and human rights organizations, is mobilized to follow the trial and to reinforce the message: favela lives matter.  A favorable outcome in the Supreme Court would be a historic shift in public security policy, prioritizing the preservation of life and the dignity of people living in the favelas. 

Humiliating searches: dignity at stake

The trial on the constitutionality of intimate humiliating searches in prisons, which started in 2020 with Extraordinary Appeal 959620, seeks to declare this procedure illegal and to rule that evidence obtained in this way is inadmissible. This invasive and degrading practice forces visitors to undress and have their private parts inspected. Although this practice is prohibited in the case of women, under Law 13.271/2016, violations are still frequent, with women being the group that is most affected.

In May 2023,  The Supreme Court had reached a majority to declare the procedure unconstitutional, but the trial was suspended after a request by Justice Gilmar Mendes.  In October 2024, the Court once again reached a majority, of 6 to 4 votes against the practice, but a further request, this time by Justice Alexandre de Moraes, led to the ruling being suspended. 

On 5 February 2025, the trial will be resumed. A favorable ruling would mean:

• The end to a humiliating and ineffective practice
• Protection of the dignity and integrity of visitors
• An incentive to adopt less invasive methods of inspection

Other matters

In the coming months, in addition to these two central matters, the Supreme Federal Court is expected to analyze other important human rights issues, such as: the liability of social media platforms for third-party content; the regulation of online sports betting and the labor rights of app-based drivers.