The Supreme Federal Court resumes trials on police violence and strip searches
The Supreme Court opens the judicial year with topics that are crucial to human rights, such as the trial on strip searches in prisons and the ADPF 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) is starting its 2025 agenda with rulings that are decisive for human rights. On Wednesday (5), the Court is expected to examine the ADPF of the Favelas, which demands concrete measures to reduce police lethality in Rio de Janeiro’s favelas, and also decide on the legality of evidence obtained through degrading strip searches in prisons.
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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 number of deaths resulting from police operations in the favelas of Rio de Janeiro. It represents a joint effort by favela and social movements, civil society organizations and human rights defenders.
The lawsuit challenges the public security policy of the state of Rio de Janeiro and seeks concrete measures to reduce police violence. In 2020, during the Covid 19 pandemic, the Supreme Federal Court (STF) banned police operations in favela communities, which initially led to a reduction in lethality. However, the state government later ignored the ruling, as noted by the coalition of organizations involved in the case, among them Conectas.
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In 2022, the Supreme Federal Court (STF) ordered new measures, including the development of a plan to reduce police lethality and create an observatory to monitor its implementation.
In November 2024, under considerable pressure from civil society, the first part of the trial took place. It featured oral arguments and the presentation of a report. On February 5, the Court is expected to assess the merits of the case, with the justices casting their votes.
The aim of ADPF 635 is to seek the implementation of concrete measures to reduce police lethality, including:
- Development of Plan to Reduce Police Lethality
- Greater transparency in police operations
- Independent investigations into abuses and deaths during operations
- Special protection for vulnerable groups, like children and teenagers
The ADPF of the Favelas Coalition, which brings together favela movements, the families of victims of state violence and human rights organizations, continues to be mobilized in monitoring the trial and reaffirming that favela lives matter. A favorable ruling by the STF could mark a historic turning point in public security policy, prioritizing the preservation of life and the dignity of those who live in the favelas.
Strip searches: human dignity in check
The aim of the trial on the constitutionality of humiliating strip searches in prisons which began in 2020, with Extraordinary Appeal 959620, is to declare this procedure illegal and to rule inadmissible any evidence gathered in this way. This invasive and degrading practice involves visitors having to get undressed and have their private parts inspected. Even though Law 13.271/2016 already bans this practice on women, violations frequently occur and this is the group most affected by the practice.
In May 2023, the STF reached a majority to consider the procedure unconstitutional, but the trial was suspended following a request for a highlight by Minister Gilmar Mendes. In October 2024, a 6-to-4 majority again opposed the practice, but a further request for a highlight, this time by Minister Alexandre de Moraes, once again suspended the decision.
The trial will resume on 5 February 2025. A favorable decision would mean:
- The end of this humiliating and ineffective practice
- Protecting the dignity and integrity of visitors
- Encouraging the adoption of less invasive inspection methods
Other matters
Besides these two central issues, the STF is expected to examine other important human rights matters in the coming months, such as the accountability of social media platforms for third-party content, the regulation of online sports betting and the labor rights of app-based drivers.
