{"id":31492,"date":"2020-08-21T22:16:13","date_gmt":"2020-08-21T22:16:13","guid":{"rendered":"https:\/\/conectas.org\/?post_type=litigiopt&#038;p=31492"},"modified":"2021-05-20T12:53:45","modified_gmt":"2021-05-20T12:53:45","slug":"adi-6286-arming-of-agents-at-youth-detention-centers","status":"publish","type":"litigiopt","link":"https:\/\/conectas.org\/en\/litigiopt\/adi-6286-arming-of-agents-at-youth-detention-centers\/","title":{"rendered":"ADI-6286: arming of agents at youth detention centers"},"content":{"rendered":"<div class=\"tts_content_wrapper_1\" ><div id=\"attachment_29641\" style=\"width: 1034px\" class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-29641\" class=\"wp-image-29641 size-large\" src=\"https:\/\/conectas.org-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--1024x683.jpeg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--1024x683.jpeg 1024w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--966x644.jpeg 966w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--768x512.jpeg 768w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--1536x1024.jpeg 1536w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--2048x1365.jpeg 2048w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--350x233.jpeg 350w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--1152x768.jpeg 1152w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--1620x1080.jpeg 1620w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Omar-Freire-Imprensa-MG_socioeducativo--1140x760.jpeg 1140w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><p id=\"caption-attachment-29641\" class=\"wp-caption-text\">Youth Detention Center in Justin\u00f3polis. Photo: Omar Freire\/Press-MG<\/p><\/div>\n<p><span style=\"font-weight: 400;\">In 2019, the state of Rio de Janeiro approved a law (8,400\/2019) authorizing agents in the youth detention system to be armed. The law was passed against the backdrop of a dramatic rise in violent crime, in large part caused by an increase in the number of weapons in circulation.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In December of the same year, the Socialism and Liberty Party (PSOL) filed a Direct Action of Unconstitutionality (ADI) in the Supreme Court against the new rule, claiming that it violated article 227 of the Federal Constitution that establishes the absolute priority of children and adolescents in the formulation and application of public policies.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In 2020, Conectas, the Alana Institute, IBCCrim (Brazilian Criminal Sciences Institute), Gajop (Office of Legal Counsel to Grassroots Organizations) and the organization Justi\u00e7a Global were admitted as amicus curiae in the case. In their joint brief, they <\/span><b>warn of the illegalities of the rule and its effects on the essential and specific rights guaranteed to children and adolescents<\/b><span style=\"font-weight: 400;\">.<\/span><b>\u00a0<\/b><\/p>\n<p><span style=\"font-weight: 400;\">The first problem identified by the organizations is formal: according to a precedent already set by the Supreme Court, it is the job of the federal government \u2013 and not state governments \u2013 to legislate on issues related to national security, such as the issue of bearing arms.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The organizations also stated that the law conflicts with the objectives of Sinase (National Youth Detention System), which establishes that the role of the agents is to protect the rights and the safety of the adolescents and attend to their cultural, educational, recreational and rehabilitation needs. Accordingly, permitting these agents to bear arms is unjustified and would constitute a misuse of their role.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Additionally, the organizations pointed out that <\/span><b>encouraging the circulation of more firearms is likely to increase deadly violence throughout society, with profound impacts on the lives and rights of children and adolescents<\/b><span style=\"font-weight: 400;\"> \u2013 particularly those most exposed to racism and violence.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Finally, the joint amicus curiae brief explains that the international treaties on the protection of children and adolescents clearly emphasize the need for care, accountability and rehabilitation. Policies aimed at this group, therefore, should focus on the promotion and protection of rights, not public security.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">A study conducted by the Brazilian Association of Pediatrics found that a child or adolescent is killed by firearm every 60 minutes in Brazil.<br \/>\n<\/span><\/p>\n<hr \/>\n<h2><b>Technical information<\/b><\/h2>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Case: ADI-6286<\/b>&nbsp;<\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Court:\u00a0<\/b><span style=\"font-weight: 400;\">Supreme Court<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Status:<\/b><span style=\"font-weight: 400;\">\u00a0Awaiting judgment<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Procedure:<\/b>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">12\/13\/19: ADI Case filed by PSOL<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">8\/21\/20: Request for admission of the organizations as amicus curiae<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div><div class=\"tts__custom-position_bottom_fixed\" ><\/div>","protected":false},"featured_media":29641,"menu_order":0,"template":"","meta":{"ngg_post_thumbnail":0},"temaltigio":[12276],"categoria_litigio":[12976],"class_list":["post-31492","litigiopt","type-litigiopt","status-publish","has-post-thumbnail","hentry","temaltigio-confronting-institutional-violence","categoria_litigio-litigation"],"acf":{"subtitle-pt":"Rio de Janeiro law violates protection of children and adolescents by adopting a security perspective","noticias":{"noticia1":{"ID":28458,"post_author":"2","post_date":"2021-02-16 11:43:32","post_date_gmt":"2021-02-16 11:43:32","post_content":"\u201cI\u2019m arming the public because I don\u2019t want a dictatorship, we can\u2019t wait any longer. Anyone who doesn\u2019t agree with my platforms of family, country, an armed populace, freedom of expression and the free market is in the wrong government\u201d.\r\n\r\nThe statement above, made by President Jair Bolsonaro at a cabinet meeting in April 2020 \u2013 a video of which was made public by the Supreme Court \u2013 makes clear the dangerous and undemocratic aspirations of the government by undermining the Disarmament Act.\r\n\r\nSince taking office in 2019, Bolsonaro\u2019s plans to arm the population have made strides in Brazil. The latest move came on the evening of February 12, right before the Carnival holiday, when the government published four federal decrees in an <strong>extra issue of the Federal Gazette<\/strong> making it easier for people to buy guns and ammunition.\r\n\r\nIn the first two years of this government, there have been 10 decrees, 14 ministerial orders, two legislative bills and one resolution on the topic.\u00a0<strong>Between December 2018 and December 2020, Brazil saw a 65% increase in gun ownership<\/strong>, according to a <strong>survey by the newspaper O Globo<\/strong> in partnership with the Igarap\u00e9 and Sou da Paz institutes.\r\n\r\nThis time, the measures included an update of the list of products controlled by the Army. No longer included in this category are bullets, machinery and presses for reloading ammunition, magazines and telescopic sights. Moreover, the limit on gun purchases by so-called CACs (hunters, marksmen and collectors) without the express authorization of the Army has risen to 60 for marksmen, 30 for hunters and 10 for collectors. Citizens without licenses can also purchase up to six guns, or eight for judges, public prosecutors, members of the federal, state or district police and prison officers and guards, among other measures.\r\n\r\nAs pointed out by the lawyer Gabriel Sampaio, coordinator of the program to Combat Institutional Violence at Conectas Human Rights, the relaxation of gun control is associated with an increase in the number of violent deaths in Brazil. According to the <strong>14th Annual Report on Brazilian Public Security<\/strong>, published by the Brazilian Public Security Forum, there were 25,712 violent deaths between January and June 2020 \u2013 an increase of 7% from the previous year.\r\n\r\n\u201cProportionally speaking, based on data, those most affected by the increase in the circulation of guns are black people, in particular young black youth,\u201d said Sampaio. According to the latest edition of the Atlas of Violence (2020), <strong>black people represented 75.7% of the victims of all homicides in the country in 2018<\/strong>. Furthermore, said Sampaio, access to guns is also identified with certain groups. We know who are buying these guns: in addition to CACs, we are talking about people with a higher purchasing power,\u201d he said.\r\n\r\nAccording to the lawyer, pressure from civil society is essential to prevent these gun policies. \u201cThey are abusive decrees that are outside the purview of the Executive branch. It needs to be widely debated with society and the Legislature is a place for this debate to take place,\u201d he said. \u201cMaking gun control more flexible at a time when Brazil is going through the biggest pandemic in recent history is a sign of the necropolitics that have underpinned government actions, a total lack of commitment to life. This is the most shocking aspect of the publication of these decrees.\u201d","post_title":"The necropolitics behind the arming of the population in Brazil","post_excerpt":"Just before Carnival, Jair Bolsonaro issued four decrees that permit an increase in the circulation of guns and ammunition","post_status":"publish","comment_status":"open","ping_status":"open","post_password":"","post_name":"the-necropolitics-behind-the-arming-of-the-population-in-brazil","to_ping":"","pinged":"","post_modified":"2021-04-01 12:17:15","post_modified_gmt":"2021-04-01 12:17:15","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/noticias\/the-necropolitics-behind-the-arming-of-the-population-in-brazil\/","menu_order":1384,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia2":{"ID":30511,"post_author":"26","post_date":"2021-03-19 14:24:17","post_date_gmt":"2021-03-19 14:24:17","post_content":"\u201cDespite the high rates of gun violence, the Brazilian government has increased access to guns and ammunition and reduced the capacity of the State to control these arsenals,\u201d said the Igarap\u00e9 Institute, the Sou da Paz Institute and Conectas Human Rights on the morning of Friday, March 19, at the UN Human Rights Council in Geneva, Switzerland.\r\n\r\nIn the statement, the organizations emphasized the impacts of these changes on the Brazilian population: \u201cIn 2020, there were 43,000 murders in the country, 70% of them committed with firearms. This policy accentuates the impacts of racism, since black people represent \u00be of the victims of homicides, and neglects the importance of controlling guns and ammunition to reduce violence against women and other forms of victimization.\u201d\r\n\r\nAccording to the organizations, this deregulation not only affects Brazil\u2019s security and democratic stability, but it also poses a threat to other countries that will be impacted by the increased trafficking in guns and ammunition.\r\n\r\nFor these reasons, the organizations are asking the Brazilian Judiciary and Congress to prevent the harmful effects of this policy, given that there are cases pending in the Supreme Court (notably the Direct Actions of Unconstitutionality nos. 6675 and 6119) and Legislative Decree Bills in both houses of Congress with the power to revoke the presidential decrees that have weakened gun control.\r\n\r\nThe organizations also ask that the UN Human Rights Council carefully monitor the rights violations occurring in Brazil and that the federal government implement security policies that respect life, tackle racism and assure the fundamental rights of its population.","post_title":"Bolsonaro\u2019s gun decrees target of complaint in UN","post_excerpt":"In a statement made on Friday, March 19, the organizations Igarap\u00e9, Sou da Paz and Conectas criticize the lack of security policies and call on Judiciary and Congress to take action","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"bolsonaros-gun-decrees-target-of-complaint-in-un","to_ping":"","pinged":"","post_modified":"2021-04-14 12:35:08","post_modified_gmt":"2021-04-14 12:35:08","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=30511","menu_order":1313,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia3":{"ID":18155,"post_author":"2","post_date":"2019-08-27 14:04:37","post_date_gmt":"2019-08-27 14:04:37","post_content":"<span style=\"font-weight: 400;\">The policy of access to and use of arms in Brazil has probably never before undergone so many changes in such a short space of time. From 15 January to 21 August, President Jair Bolsonaro published eight decrees \u2013 some revoking previous ones \u2013 that were voted by the Senate and caused the Federal Supreme Court to speak out.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The chief of the executive has also sent an urgent bill of law on the same subject to the Congress.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The electoral platform of his candidacy has become one of the focal points of hundreds of orders issued by the president in the few months he has been in power.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">It should be noted that, apart from Fernando Collor, Bolsonaro is the president who has issued the highest number of decrees in the first six months in the Planalto. By the 179<\/span><span style=\"font-weight: 400;\">th<\/span><span style=\"font-weight: 400;\"> day of his first mandate (27 June), Bolsonaro had issued 236 decrees. This is 30.39% more than seen in Fernando Henrique Cardoso\u2019s first government (181); 15.12% more than in Lula\u2019s first mandate (205) and 184.34% more than Dilma in the same period (83). Between March and September Collor issued 351 acts.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cWe have a president who seems to be prepared to do anything to satisfy his own wishes and personal interests, even if he has to override legislative procedures, democratic processes and jeopardise people\u2019s safety to achieve this.\u201d Said Jefferson Nascimento, Lawyer and Consultant at Conectas.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">An\u00a0<\/span><a href=\"https:\/\/conectas.org\/wp-content\/uploads\/2019\/08\/Urgent-Appeal-Gun-Control-Policies-in-Brazil.pdf\"><b>official letter<\/b><\/a><span style=\"font-weight: 400;\">\u00a0sent by Conectas and the Instituto Sou da Paz,\u00a0on Tuesday 27 August, to a number of UN Special Rapporteurs is calling for the organisation to put pressure on the Brazilian government to comply with a series of international commitments made and explains the current situation and the validity of the government\u2019s measures on this subject. See below:<\/span>\r\n\r\n<b>Timeline: the ups and downs of arms policy<\/b>\r\n\r\n<script>!function(e,t,s,i){var n=\"InfogramEmbeds\",o=e.getElementsByTagName(\"script\")[0],d=\/^http:\/.test(e.location)?\"http:\":\"https:\";if(\/^\\\/{2}\/.test(i)&&(i=d+i),window[n]&&window[n].initialized)window[n].process&&window[n].process();else if(!e.getElementById(s)){var r=e.createElement(\"script\");r.async=1,r.id=s,r.src=i,o.parentNode.insertBefore(r,o)}}(document,0,\"infogram-async\",\"https:\/\/e.infogram.com\/js\/dist\/embed-loader-min.js\");<\/script>\r\n<div style=\"padding: 8px 0; font-family: Arial!important; font-size: 13px!important; line-height: 15px!important; text-align: center; border-top: 1px solid #dadada; margin: 0 30px;\"><\/div>\r\n<b>What is actually in place?<\/b>\r\n\r\n<script>!function(e,t,s,i){var n=\"InfogramEmbeds\",o=e.getElementsByTagName(\"script\")[0],d=\/^http:\/.test(e.location)?\"http:\":\"https:\";if(\/^\\\/{2}\/.test(i)&&(i=d+i),window[n]&&window[n].initialized)window[n].process&&window[n].process();else if(!e.getElementById(s)){var r=e.createElement(\"script\");r.async=1,r.id=s,r.src=i,o.parentNode.insertBefore(r,o)}}(document,0,\"infogram-async\",\"https:\/\/e.infogram.com\/js\/dist\/embed-loader-min.js\");<\/script>\r\n<div style=\"padding: 8px 0; font-family: Arial!important; font-size: 13px!important; line-height: 15px!important; text-align: center; border-top: 1px solid #dadada; margin: 0 30px;\"><\/div>","post_title":"Find out more about the ups and downs of Bolsonaro\u2019s arms policy","post_excerpt":"In eight months, the government has issued a series of decrees and has sent a bill of law to Congress","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"find-out-more-about-the-ups-and-downs-of-bolsonaros-arms-policy","to_ping":"","pinged":"","post_modified":"2021-04-05 14:19:45","post_modified_gmt":"2021-04-05 14:19:45","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=18155","menu_order":2068,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"}},"links_para_referencia":[{"titulo-referencia":"Procedural progress in the Supreme Courte","arquivo_referencia":false,"link_externo":"https:\/\/portal.stf.jus.br\/processos\/detalhe.asp?incidente=5833114"},{"titulo-referencia":"Amicus curiae of organizations","arquivo_referencia":{"ID":29644,"id":29644,"title":"amicus adi 6286","filename":"amicus-adi-6286.pdf","filesize":640242,"url":"https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/amicus-adi-6286.pdf","link":"https:\/\/conectas.org\/en\/litigiopt\/adi-6286-arming-of-agents-at-youth-detention-centers\/amicus-adi-6286-2\/","alt":"","author":"26","description":"","caption":"","name":"amicus-adi-6286-2","status":"inherit","uploaded_to":31492,"date":"2021-03-31 22:15:15","modified":"2021-05-10 14:37:32","menu_order":0,"mime_type":"application\/pdf","type":"application","subtype":"pdf","icon":"https:\/\/conectas.org\/wp-includes\/images\/media\/document.png"},"link_externo":""}]},"yoast":{"focuskw":"","title":"","metadesc":"","linkdex":"","metakeywords":"","meta-robots-noindex":"","meta-robots-nofollow":"","meta-robots-adv":"","canonical":"","redirect":"","opengraph-title":"","opengraph-description":"","opengraph-image":"","twitter-title":"","twitter-description":"","twitter-image":""},"_links":{"self":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt\/31492","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt"}],"about":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/types\/litigiopt"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media\/29641"}],"wp:attachment":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media?parent=31492"}],"wp:term":[{"taxonomy":"temaltigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/temaltigio?post=31492"},{"taxonomy":"categoria_litigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/categoria_litigio?post=31492"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}