STJ brings investigation into crimes at the Pedrinhas complex to the federal level
Decision recognizes failures in the state-level system and responds to a request from the Federal Attorney’s Office initiated by the Maranhão Society of Human Rights, Justiça Global, and Conectas
The Superior Court of Justice (STJ, acronym in Portuguese) unanimously decided to transfer the investigation into severe human rights violations perpetrated between 2013 and 2014 at the Pedrinhas Prison Complex, in São Luís (MA), to the Federal Justice system. The measure, known as a displacement of jurisdiction, was requested by the Federal Attorney’s Office (PGR, Procuradoria-Geral da República) after receiving a request from the Maranhão Society of Human Rights, Justice Global, and Conectas Direitos Humanos, who filed petitions for interim measures in the case at the Inter-American Court of Human Rights.
The case is one of the most representative instances of the structural crisis faced by the Brazilian prison system. Between January 2013 and early 2014, 63 people were killed inside the complex, which led to an intervention by the National Public Security Force and the concession of interim measures by the Inter-American Court, given the inability of the Brazilian government to protect the life and integrity of the individuals deprived of liberty that were detained there.
According to the PGR, state authorities were ineffective when it came to investigating the violations, which gave cause to the request for federalization – described in article 109, §5 of the Federal Constitution, which allows the Federal Government to act in cases of severe human rights violations and where there is a risk of non-compliance with Brazil’s international obligations.
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During the session deciding on the Incident of Displacement of Jurisdiction (IDC, acronym in Portuguese) no. 31/MA, the rapporteur, justice Rogerio Schietti Cruz, highlighted the structural character of the violations and the need for an institutional response. According to Cruz, the country must offer an “effective and prompt response, correctly investigating these crimes, an embarrassment to our nation, in a timely manner”.
The decision represents progress in the quest for justice and accountability in cases of state-perpetrated violence. Since the creation of the IDC by Constitutional Amendment no. 45/2004 (Judiciary Reform), only one other case had been federalized – the murder of human rights defender Manoel Bezerra de Mattos, in 2010, which also had Justiça Global participating as amicus curiae.
To Monique Cruz, coordinator of Justiça Global, the decision reinforces the need to mitigate the impunity that is a blight on the Brazilian prison system. “The devaluation of life continues to be the main characteristic of the penitentiary system in Maranhão and nationwide. Cases of torture, mistreatment, and deaths resulting from inhumane conditions continue to occur without proper investigation. Federalization is an important step, and it must be reverberated into a more emphatic action by the State”, she says.
This last October 21st, the Inter-American Court of Human Rights carried out a closed audit in Brasília on the case. The petitioning organizations presented updated information on the conditions at Pedrinhas and the persistent challenges to ensure the integrity of the detained individuals.
The decision by the STJ reinforces Brazil’s international commitments to secure the right to truth, justice and reparation for victims of violations in the prison system, creating conditions for an independent and effective investigation into the crimes perpetrated in Maranhão.
