Averse to regulation

São Paulo governor vetoes bill to ban rubber bullets

São Paulo governor Geraldo Alckmin vetoed this Saturday, December 20, a bill (608/2013) approved by the state legislature that bans the use of rubber bullets in the state. The legislation, drafted by Congressman Luíz Claudio Marcolino, was considered by civil society an important step towards a more comprehensive regulation of the use of force by the Military Police.

When justifying the decision, Alckmin claimed that the police need to have the freedom to act in accordance with their own operational procedures and stated that police officers follow international standards on the use of force.

“The position of the governor ignores the numerous complaints of abuse by the Military Police reported to organizations such as the OAS and the UN,” said Rafael Custódio, coordinator of the Justice program at Conectas. “The ban on the use of rubber bullets was an important step towards regulating police action, particularly at protests. The veto is a sign that the São Paulo Executive is avoiding this debate.”

According to Custódio, civil society will have to concentrate its efforts on the broader search for transparency, accountability and regulation of police activity, “as determined by various international resolutions and agreements signed by Brazil”. “And this debate should not only involve the Executive, but also by the Legislative and the Judiciary,” he added.

The São Paulo justice system has already been called upon to address the matter in a public civil action, filed by the State Public Defender’s Office, that requests the establishment of a protocol for police action at demonstrations – which would include a ban on the use of firearms, including rubber bullets, but also the establishment of a clear chain of command and mandatory visible identification for all officers.

The case was filed in April and reinforced in June with an amicus curiae submitted by Conectas. A trial court granted the injunction requested in the case, but this was temporarily suspended not long afterwards by the São Paulo State Court. A definitive decision should be taken soon by the 3rd Public Law Chamber of the State Court.