Use of force in protests

São Paulo Court of Appeals judge requests suspension of Public Civil Action calling for regulation on the use of rubber bullets at protests; decision is postponed

Appellate Judge Mauricio Fiorito, the reporting judge in the case that calls for regulation on the use of force by the police at protests, requested on Tuesday, October 18, that the São Paulo State Court of Appeals suspend the Public Civil Action filed in 2014 by the São Paulo Public Defender’s Office following the abuses committed by the military police during the mass protests in June 2013. Although Judge Camargo Pereira seconded Fiorito, Judge Antonio Carlos Malheiros requested another postponement to analyze the case.

In today’s session, the São Paulo court judges were meant to decide whether or not to uphold a trial court’s preliminary injunction that restricts the use of rubber bullets and tear gas by the military police at protests and that requires the police to draft a regulation on the use of force in these situations. Fiorito’s request to suspend the case automatically annulled the judgement of the appeal.

The decision perplexed the human rights organizations and movements present at the session:

“The reporting judge claims that the Judiciary is not qualified to intervene in the policies of other branches, namely the Executive, which controls the police. But we know this is not true: the judge himself has voted on countless occasions for the intervention of the Judiciary in health, education, etc. It appears to us that the argument is far more ideological than technical, to shield the police, which is regrettable,” said Rafael Custódio, coordinator of the Justice program at Conectas. Judge Fiorito justified his request saying there are already laws in place that regulate the actions of the Military Police and that require them to use less-lethal weapons.

Since Judge Malheiros requested an adjournment, the Public Civil Action filed by Public Defender’s Office is still valid. “Our mission now is to make the trial court judge aware of the situation so the case can be ruled on permanently as soon as possible,” explained Custódio.

The session was attended by protestors who carried signs saying things like “It’s my right to protest without fear” and “I don’t deserve bullets, beatings and tear gas”.

A public petition organized by São Paulo’s Minha Sampa network and by Conectas, which was attached to the case in April with 12,000 signatures, currently has more than 34,000 supporters.

• Click here to sign the petition.

Chronology

08/05/13 – Conectas and the Citizenship and Human Rights Center of the São Paulo Public Defender’s Office submit to the São Paulo State Public Security Department a series of recommendations on how the police should act in demonstrations. No response was ever given.

04/22/14 – The São Paulo Public Defender’s Office files a Public Civil Action asking the courts to compel the State of São Paulo to adopt these recommendations. The case is pending in the 10th Public Finance Court.

07/17/14 – Conectas presents an amicus curiae brief with an overview of the main international standards that regulate police conduct and alleges that the state of São Paulo fails to comply with provisions of the Universal Declaration of Human Rights (of the UN) and the American Convention on Human Rights (of the OAS).

10/24/14 – Judge Valentino Aparecido de Andrade, of the 10th Public Finance Court, grants a preliminary injunction.

11/05/14 – Responding to a request from the São Paulo State Public Finance Department, Appellate Judge Ronaldo Andrade suspends the injunction.

01/13/15 – Article 19 presents an amicus curiae brief supporting the initial request of the Public Defender’s Office.

04/12/16 – Appellate Judge Maurício Fiorito, the reporting judge in the case, requests an adjournment of the case.

10/18/16 – Appellate Judge Maurício Fiorito requests the suspension of the Public Civil Action, invalidating the judgement on whether to reject or accept the injunction.