Nova Brasília Case: 8 years after conviction, Brazil continues to ignore International Court ruling
A look back at the massacres that led to the country being convicted at the Inter-American Court of Human Rights and the connection with the ADPF of the Favelas in the fight to oppose police violence
Foto: Tomaz Silva/Agência Brasil
This month marks eight years since Brazil was convicted by the Inter-American Court of Human Rights (IACHR), a body linked to the Organization of American States (OAS), in the Nova Brasília Favela case, which exposed executions and police violence in Rio de Janeiro. Despite the conviction, the victims’ families are still calling for justice.
The case dates back to two massacres that took place in 1994 and 1995 in the Nova Brasília Favela in the Complexo do Alemão. Twenty-six people were executed and three women, including two teenagers, were subjected to sexual violence at the hands of police officers. The investigations were marked by failures and omissions, resulting in impunity for the crimes.
In 2015, these human rights violations were brought before the Inter-American Commission on Human Rights through a petition filed by Cejil (the Center for Justice and International Law) and Iser (the Institute for Religious Studies). Two years later, in 2017, the Court found the Brazilian state guilty and ordered proper investigations into the homicides.
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A flawed investigation and impunity
The IACHR ruling pointed to the need for independence and impartiality in investigations into human rights violations committed by police officers. However, in practice, inquiries and trials still lack the necessary autonomy.
The fact that the Military Courts retain jurisdiction in certain cases and that the authority of the Jury Court to try crimes committed by police officers against civilians is violated, continue to be major obstacles to effective accountability. Furthermore, the subordination of forensic bodies – like the Medical Examiner´s Office (IML) and forensic science institutes – to the Civil Police undermines impartiality of investigations.
A further critical point is the meaningful participation of victims and their families in investigative processes, a right guaranteed by the IACHR, but which is still far from being the reality in Brazil.
Unfulfilled promises of reparation
The Court also ordered reparation measures for victims and their families, including free medical and psychological care. However, implementation has been inconsistent and flawed.
Ongoing patterns of police violence similar to those condemned in the Nova Brasília Favela case are even more worrying. The lack of effective policies to reduce police lethality and to ensure proper training of security forces indicates that guarantees of non-repetition have not left the drawing board.
Pending matters of the Brazilian state
In order to fully comply with the Court ruling, Brazil must adopt urgent measures, among them:
- Adequately and effectively implement reparation measures for victims and their families;
- Reopen investigations and conduct judicial proceedings seriously and independently;
- Provide victims with ongoing psychological and psychiatric care;
- Hold public acts acknowledging responsibility and install commemorative plaques to preserve the memory of the victims;
- Implement public policies that reduce police lethality and promote change in the institutional culture of the police forces;
- Ensure the independence of forensic bodies by separating them from policing structures;
- Ensure the effective participation of victims and their families in investigations.
ADPF of the Favelas: a possible path
The persistence of police violence in peripheral communities reinforces the need for structural solutions. In this regard, ADPF 635 (claim for non-compliance with a fundamental precept), known as the ADPF of the Favelas, represents a significant step forward by seeking to contain police operations in Rio de Janeiro’s favelas and establish protocols to reduce police lethality nationwide.
The ADPF proposes concrete measures aligned with the IACHR´s ruling, such as the promotion of independent investigations, community participation in public security and the definition of specific protocols for operations in densely populated areas. If these guidelines were implemented effectively, they would mean a decisive step towards preventing further violations and building a fairer public security system.
