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09/12/2024

A legacy of pain: police lethality and the human rights crisis in São Paulo

The death of a 4-year-old boy, whose father had also been killed by police officers, exposes the cruel face of operations in the state. The escalating violence and police lethality under Governor Tarcísio de Freitas highlight the urgent need for changes in public security practices

Escola faz homenagem a Ryan, morto aos 4 anos de idade. Foto: Divulgação Escola faz homenagem a Ryan, morto aos 4 anos de idade. Foto: Divulgação

On November 7, military police officers attended the wake, funeral procession, and burial of 4-year-old Ryan da Silva Andrade Santos. On foot, riding motorcycles, and in patrol cars, they displayed high-caliber firearms. At one point, one of the patrol cars blocked the procession’s route, claiming to be “organizing traffic.” The police presence caused discomfort and intimidation among family members, children, teenagers, and residents of Morro do São Bento in the Baixada Santista region on the coast of São Paulo, some of whom had witnessed the police action that led to the deaths of Ryan and Gregory.

Two days earlier, on November 5, a police operation claimed Ryan´s life. During the same operation, 17-year-old Gregory Ribeiro Vasconcelos was also killed, while a 15-year-old teenager and a 24-year-old woman were injured. In a press conference, the military police admitted that the shot “possibly” came from an officer’s weapon, stating that the agents had been defending themselves from criminals. 

In the week marking one month since these crimes, other cases of police violence in São Paulo have drawn significant attention. Among them are the case of a man thrown off a bridge by military police officers and another man killed by an off-duty police officer after taking a bar of soap from a store. 

Information about the deaths of Ryan and Gregory can be found in The Third Report on Human Rights Violations in the Baixada Santista: Developments of “Operation Shield/Summer, prepared by the São Paulo Police Ombudsman, civil society organizations and human rights movements, including Conectas. 

During Ryan’s burial, the Police Ombudsman, Claudio Aparecido da Silva questioned the presence of the police at the location. 

“It is repugnant, it is absurd. Here in the state of São Paulo, it has become government policy to deploy police to the funerals of people killed by the police themselves, to intimidate people. This is shameful and it is the height of disrespect for people’s fundamental rights. Is it no longer possible to hold a funeral in this state?” The ombudsman asked the newspaper, O Globo.

On the same afternoon on November 7, there were also two patrol cars in the cemetery during Gregory’s burial. Speaking to O Globo, the teenager’s mother, Lucinéia Damasceno, expressed her sorrow at not being able to hold a wake for her son, as his face was “completely disfigured” during the preparatory procedures for the burial. 

The increase in police violence

The deaths of these young individuals occurred in the wake of Operations Shield and Summer, carried out in the Baixada Santista, from July 2023 to April 2024. These operations, which resulted in 84 victims, are considered to be the most lethal police operations in São Paulo’s history—second only to the Carandiru massacre, where 111 inmates were killed, and the May 2006 Crimes, which claimed over 500 lives.

One of the victims of Operation Summer was Leonel Andrade Santos, a 36-year old man who walked with the aid of crutches. Neighbors told the newspaper, Deutsche Welle Brasil, that the police ordered Leonel to throw the crutches on the ground and run. When he was unable to do so he was shot in the chest. 

Leonel was Ryan´s father. 

Beatriz da Silva Rosa, Ryan´s mother and Leonel´s wife, says the governor of São Paulo has never reached out to express his sympathy or offer support of any kind.

Between January and September 2024, the state of São Paulo recorded 496 deaths resulting from police interventions, according to data from the State Department of Public Security (SSP). This figure represents a 75% increase compared to the same period in the previous year. In the capital of São Paulo, there were a total of 130 victims. In the Baixada Santista alone, 109 deaths were recorded, averaging one victim every three days. 

According to the report Pele alvo: Mortes que revelam um padrão (Targeted skin: Deaths that reveal a pattern), by the Security Observatory Network, in 2023, state security agents in Brazil killed 4,025 people, 2,782 of whom were Black. The data also shows that the police killed 243 children and adolescents aged between 12 and 17.

On November 18, Conectas submitted an urgent appeal to the United Nations to investigate the killings of Ryan and Gregory. The request was sent to the UN Special Rapporteurs on extrajudicial executions, racial justice, and racism, highlighting the increasing police lethality affecting Black and marginalized communities.

Among the recommendations to Brazilian authorities, in addition to independent investigations, temporary reassignment of the officers involved, and support for the families, is the mandatory use of body cameras. 

According to Carolina Diniz, coordinator of the Police Violence Prevention Program at Conectas, police lethality and violence are systemic issues in São Paulo. “The recent cases are just a cruel example of how public security agents act, especially against poor and Black populations,” she emphasizes. In her view, the data is enough to demonstrate that these are not isolated incidents, contrary to the claims of the São Paulo authorities. 

As highlighted in the report Targeted Skin, the state of São Paulo has undergone a significant transformation in its approach to public security. It had been recognized for its progress in reducing deaths caused by police, but 2023 marked a turning point under the new state administration of Tarcísio de Freitas. The government not only endorsed violence as a political tool but also changed the profile of the Public Security Secretary’s leadership, placing former police officer Guilherme Derrite at the helm. They also reduced investments in body cameras, undermining progress previously made.

Police subjectivity

In September, the São Paulo Military Police signed a contract with a company for the acquisition of 12,000 new body cameras. The replacement of the 10,125 devices already in use was justified by cost savings, as the new cameras will allow officers to turn the equipment on and off as needed, reducing the amount of data stored. Until December 2024, when the changeover is due to take place, police officers do not have this autonomy. 

The contract with the camera company was signed after six companies reported technical test failures and alleged favoritism in the bidding process. The accusations include favoritism toward Motorola and the presence of a “delete” button on the equipment, despite the bidding notice prohibiting the manual deletion of files. In its approval, the Military Police explained that the company claimed the button functions as a “selective filter” rather than a delete function.

The change may hinder investigations into police violence. Experts warn that not using the equipment for the entire shift increases the risk of indiscriminate use of force without proper oversight. Additionally, the lack of recordings could complicate the production of essential evidence for investigations and reduce the protection of officers, who might find themselves in dangerous situations or have their conduct questioned without the support of video footage.

In response to a legal action by the Public Defender’s Office, supported by Conectas and Plataforma JUSTA, the President of the Supreme Federal Court (STF), Luís Roberto Barroso, ruled on Monday (9) that military police officers in São Paulo must mandatorily use body cameras during operations.  

In a public statement, Conectas highlighted that the military police officers involved in the operation that ended the lives of Ryan and Gregory were not wearing body cameras. “The use and regulation of body cameras attached to police uniforms are measures that help reduce abuses committed by public security agents during interventions. Cameras have proven effective in reducing deaths of both civilians and the police officers themselves.” 

Minister Rogério Schietti, of the Superior Court of Justice, stated in a report by the TV program, Fantástico, that “when you have equipment that removes any degree of subjectivity from the evidence, it makes the criminal process much more efficient and secure, avoiding judicial errors and ensuring that innocent people are not convicted. Consequently, it also ensures that those who should be convicted are punished more effectively”.

A study by FGV indicated that between July 2021 and July 2022, the use of body cameras by São Paulo’s military police prevented 104 deaths. Additionally, a study by the Brazilian Public Security Forum and UNICEF, published in May 2023, revealed that  lethality among on-duty officers was at its lowest in history in 2022, highlighting the positive impact of body cameras in reducing police violence.

Incalculable calculations 

“The serious issues in public security, in my view, are centered on Derrite, who has shown that he no longer has control over police violence and is making use of the media in the face of the public security situation.” Rafael Alcadipani, a professor at FGV and a member of the Brazilian Forum for Public Security, stated in an interview with the newspaper, O Globo

According to reporting by the magazine, Piauí, Derrite has previously been investigated for 16 homicides that occurred during operations he participated in as a police officer in the ROTA unit. 

“The position is not occupied by a qualified professional with expertise in the field, but rather by a politician. The officers have the sense that their actions will go unchecked, and that’s why we’re experiencing what we are. It seems to me that the current secretary’s expiration date has passed.” The professor remarked.

According to O Globo, although Tarcísio has stated his intention to seek re-election in 2026, he is gaining traction as a potential presidential candidate—mainly due to Jair Bolsonaro’s ineligibility. Meanwhile, Derrite, considered a possible successor to Tarcísio in the São Paulo government, faces resistance. Following the escalation of violence, even allies who supported his appointment are reconsidering their stance, citing “a succession of mistakes.” 

While politicians make their calculations, the victims of police violence face incalculable losses. Beatriz Silva Rosa, Ryan’s mother and Leonel’s widow, talks about the despair of the families involved: “They [the police] want to kill the fathers in the favelas, waiting for their children to grow up so they can shoot it out with them and kill them too.” In Ryan’s case, they didn´t even wait that long.

 


Timeline: police lethality in São Paulo

27 July 2023
Death of the soldier Patrick Bastos Reis a police officer of ROTA, an elite unit of the São Paulo Military Police

28 July 2023
Start of Operation Shield, the São Paulo government´s response to the death of the soldier, Patrick

30 July 2023
The Public Defender’s Office was called upon by the São Paulo Police Ombudsman’s Office to monitor the operation, which had recorded seven deaths and at least nine fatalities.

5 September 2023
The Public Defender´s Office and Conectas call on the Court to mandate the São Paulo government to equip police officers with body cameras

The Public Security Secretariat announces the end of Operation Shield. Final death toll: 28 people.

13 December
The São Paulo Court of Justice rules that the Military Police are not required to use cameras during operations following attacks

18 December 2023
Start of Operation Summer

12 February 2024
Conectas, Public Defender´s Office, Vladimir Herzog and the Forum for Public Security call for intervention by the UN and IACHR following an increase in violence in the Baixada

8 March 2024
Conectas and Arns Commission report Tarcísio de Freitas to the UN for deaths during Operation Shield.

“They can go to the UN, to the Justice League, or wherever the hell they want—I couldn’t care less,” said Tarcísio de Freitas when asked about the complaint

26 March 2024
The São Paulo Police Ombudsman’s Office, civil society organizations, and human rights advocacy movements launch the Second Monitoring Report on Human Rights Violations in the Baixada Santista during the second phase of Operation Shield

28 March 2024
Conectas and the Public Defender´s Office send a document to the UN with an update regarding human rights violations that took place during Operations Shield and Summer

1 April 2024
End of Operation Summer. Final death toll: 56 people

7 November 2024
Deaths of Ryan and Gregory

25 November 2024
Conectas submits an appeal to the UN regarding the deaths of Ryan and Gregory

9 December 2024

Supreme Federal Court (STF) mandates the use of body cameras for Military Police

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