Law enforcement in Brazil

Last updated

In Brazil, the Federal Constitution establishes eight law enforcement institutions - seven titulars and one auxiliar. The titular institutions are: the Federal Police, the Federal Highway Police, the Federal Railroad Police, the Federal Penal Police, the State Military Police and Fire Brigade, the State Civil Police and the State Penal Police. Of these, the first four are affiliated to federal authorities and the latter three are subordinated to state governments. These public safety institutions are part of the Executive branch of either federal or state government. Apart from these eight institutions, there are others which affiliate to municipal authorities: the Municipal Guards. According to Minister Alexandre de Moraes of the Supreme Federal Court, "...the Municipal Guards are inserted in public safety as the auxiliary and related body of public security force..." Federal law 13,022 (in effect since August 8, 2014) gave them de facto and de jure police attributions.

Contents

Federal Highway Police (Policia Rodoviaria Federal) PRF da apoio operacional a gravacoes de filme no Parana (30851412030).jpg
Federal Highway Police (Polícia Rodoviária Federal)

According to the Supreme Federal Tribunal, Law enforcement forces with an obligation to maintain public safety by Brazilian law are the ones listed in article 144 of the Federal Constitution's Caput, that is, the first seven aforementioned forces. [1] As a new force cited in the Federal Constitution Article 144, Eighth Paragraph; the guards act in support and complement - without a relationship of subordination with them. In case of criminal occurrence (in flagrante delicto), Guards forward the occurrence to the Civil and/or Federal police.

There are two primary police functions: maintaining order and law enforcement. When criminal offences affect federal entities, federal police forces carry out those functions. In the remaining cases, the state police forces undertake police activities.

History

The first groups assigned with security duties in Brazilian territory date back to the early sixteenth century. Small, incipient units were designated in the Brazilian coastline, with the main function of fending off hostile foreign invaders. In 1566, the first police investigator of Rio de Janeiro was recruited. [2] By the seventeenth century, most "capitanias" already had local units with law enforcement functions. On July 9, 1775 a Cavalry Regiment was created in Minas Gerais for maintaining order. At the time, intense gold mining had attracted attention and greed of explorers, generating tensions in the area. [3]

In 1808, the Portuguese royal family relocated to Brazil, due to the French invasion of Portugal. King João VI sought to reshape the administrative structure of the colony. Among several reforms, he established the "Intendência Geral de Polícia" (General Police Intendancy), which merged police units with investigative functions, call currently of Civil Police. He also created a Military Guard with police functions on 13 May 1809. This is considered a predecessor force of local military police units. Later, in 1831, when independence had already been declared, each province started organizing its local "military police", with order maintenance tasks.

On 31 January 1842, law 261 was enacted, reorganizing the investigative offices, the current "civil police".

The first federal police force, the Federal Railroad Police, was created in 1852.

Finally, in 1871, law 2033 separated police and judicial functions, creating the general bureaucratic structure and mechanisms still adopted nowadays by local police forces. [4] In 1944, a federal police institution was created. The current Federal Police department was conceived on November 16, 1964. [5] During the military dictatorship, some political police organizations were maintained, such as the DOI-CODI.

Primary functions

Law enforcement and maintaining order are the two primary functions of Brazilian police units. In Brazilian Law, maintaining order is considered a preventive effort whereby police troopers patrol the streets to protect citizens and discourage criminal activity. Law enforcement consists of criminal investigation after an offence. [6]

Prevention and investigation in Brazil are divided between two distinct police organizations. State "military police" forces only have order maintenance duties. Correspondingly, "civil police" institutions are responsible solely for crime investigation. However, at the federal level, the Federal Police is commissioned with both preventive and investigative functions of federal crimes. [7]

Federal institutions

Federal Highway Police (Policia Rodoviaria Federal) Brazilian Federal Highway Police 2.jpg
Federal Highway Police (Polícia Rodoviária Federal)

There are four federal police institutions in Brazil: the Federal Police, the Federal Highway Police, the Federal Railway Police, and the Federal Penal Police.

State institutions

Mounted Police branch of the Federal District Military Police, during crowd control activities. MountedPoliceDF.jpg
Mounted Police branch of the Federal District Military Police, during crowd control activities.
Police car of ROTA a special force of the Military Police of Sao Paulo (PMESP) PMSP Rota 91300 on scene.jpg
Police car of ROTA a special force of the Military Police of São Paulo (PMESP)

There are three types of state police institutions: the Military Police/Military Firefighters Corps, the Civil Police and the State Penal Police.

Municipal institutions

The Municipal Guards (Portuguese : Guardas Municipais singular: Guarda Municipal), also called the Municipal Civil Guards (Guardas Civis Municipais, singular: Guarda Civil Municipal), are the security forces of municipalities of Brazil. Created in the time of the Empire of Brazil, the guardsmen are subordinated to the municipality mayors. Organized as a Municipal police and trained as a civilian uniformed agency, the city guards are responsible to police the municipal parks, properties, installations and the interior of municipal councils and city halls, according to the Brazilian Federal Constitution. Their patrols are called rondas (English for rounds) and there are 1,200 municipalities with Municipal Guards with more than 120,000 operatives according with the Brazilian Institute of Geography and Statistics. They are treated as police officers by the former president of the IPA (International Police Association) Brazilian section, Mr. George Henry Millard. The former Brazilian Minister of Justice and former governor of the state of Rio Grande do Sul, Mr. Tarso Genro, asked for them to be given more jurisdiction for their operatives, and especially for their official recognition by Brazil as public safety workers.

Other security forces

National Public Security Force (Forca Nacional de Seguranca Publica) Fnst.jpg
National Public Security Force (Força Nacional de Segurança Pública)


Entry qualification

Access to all positions under any military police forces encompasses written knowledge tests, previous and further medical exams, physical strength, agility and endurance tests and, finally, psychological interviews and evaluation. When approved on all tests, the candidate will be considered fit to military police service and admitted in special training courses (CTSP, to graduate soldiers, and the CFO, to graduate aspiring high-ranked officials). There's a minimum entry age of 18 years and, with few variations, a maximum entry age of 30 years.

Candidates to military police lower ranks, such as 2nd class soldier (entry level), must meet a minimum of high school education.

In the Civil Police as well as in the Federal Police, police commissioners ("delegados") are responsible for coordinating and conducting all criminal investigations, with very similar functions and powers of those held by instruction magistrates or prosecutors in other legal systems. [15] [16] For that reason, those police commissioners are required to hold a full degree in Law and have law practicing or law enforcement experience of at least three years. [17]

Misconduct

Reports of police misconduct, such as brutality and corruption, have harmed the reputation of police institutions in Brazil, especially state forces. [18] [19] Violence against suspects and extrajudicial executions are known to be employed by police. [20] In the cities of São Paulo and Rio de Janeiro, the Military Police has been involved in several controversial massacres of civilians, typically in poor neighborhoods where high-profile criminals tend to hide. There have also been massacres in prison facilities. One of the most notorious cases is the Carandiru massacre of 1992. Torture is still commonly used as means of questioning and punishing individuals. [21] Brazil’s corrections system is a huge problem for the country and it severely affects the overall well-being of its people. There are a lot of problems relating to violence, gangs and the way the government has been handling the problems. Brazil’s corrections system is under the prison administration called Departamento Penitenciário Nacional (DEPEN), and the head of this prison administration is Renato Campos Pinto de Vitto.

The "favelas" (slums or shantytowns) in Brazil have many criminal gangs within them that protect individual favelas from other rival gangs and law enforcement. The government has been seen as "ineffective" towards criminal activity within favelas and Brazil as a whole such as trafficking of humans and drugs, kidnapping, and robberies. [22] Corruption and crime levels within Brazil remain high and Bolsonaro's administration has aimed to help decrease these levels with the help of the police. Bolsonaro mentioned on his own social media page that criminals "should be" attacked by police officials, which can aid to the decrease in crime, thus creating a larger distrust towards law enforcement in Brazil. [23] As of December 2017, the prison population in Brazil was at a total of 668,914, and when compared to a prison population rate per 100,000, the total is 332 per 100,000 people. The number of institutions Brazil has regarding their corrections system is 1,449. [24] The official capacity of the institutions is 404,509 people which is many more than they are supposed to be able to house. [25] In 2000, 232,755 people were incarcerated in Brazil. In 2016, 644,575 people were incarcerated. [25]

As of 2017, the President of Brazil Michel Temer, aimed to build 30 prisons that year to tackle the overcrowding crisis of their institutions. [26] Brazil’s prisons are 50% over capacity, and most of the prisons are state-government run. The prisons are heavily controlled by gangs, drugs, guns and other contraband entering the prisons regularly. Many residents of favelas do not trust law enforcement because in 2008, the police killed an average of three people for every twenty-three people they arrested in Brazil. Crime levels are high due to extreme poverty levels and law enforcement refusing to patrol favelas. [22] One of the more recent riots occurred between Brazil’s most powerful gang, First Capital Command, and their rival, Red command. First Capital Command slaughtered 26 other inmates at the Alcaçuz prison in the state of Rio Grande do Norte. [26] President Temer wants to build these new prisons to separate non-violent criminals from the dangerous ones to prevent recruitment into organized crime. Since a big part of their prison population problems are the gangs, President Temer has also said that Brazil will be more cooperative with neighboring countries to try to reduce gangs funded by drug trafficking. There is such bad overcrowding, some are close to three times their actual capacity. The frequent use of pepper spray, tear gas, noise bombs and rubber bullets has been documented, as have severe beatings and kicking by the prison personnel on the inmates. [27] The prison personnel are also equipped with assault rifles, shotguns and handguns to protect themselves from the violent events that happen in their prisons and also to keep order of the super overcrowded prisons where inmates could easily overcome the employees. [27]

See also

Related Research Articles

<span class="mw-page-title-main">Military police</span> Police organization part of the military of a state

Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear reconnaissance, logistic traffic management, counterinsurgency, and detainee handling.

<span class="mw-page-title-main">State police</span> Type of sub-national territorial police force

State police, provincial police or regional police are a type of sub-national territorial police force found in nations organized as federations, typically in North America, South Asia, and Oceania, mostly Australia, United States of America, India, Canada and United Kingdom, because each of their state police are mostly at country level. These forces typically have jurisdiction over the relevant sub-national jurisdiction, and may cooperate in law enforcement activities with municipal or national police where either exist.

<span class="mw-page-title-main">Military Police of São Paulo State</span> The uniformed state police of Sao Paulo, Brazil.

The Polícia Militar do Estado de São Paulo is a military law enforcement agency of in the state of São Paulo, Brazil. It is the largest state police force in the country, with over 100,000 personnel in its ranks, in several battalions throughout the state as well as within the Greater São Paulo region which itself comprises 40 cities and towns.

<span class="mw-page-title-main">Federal Police of Brazil</span> Brazilian federal police

The Departament of Federal Police is a federal law enforcement agency of Brazil and one of the three national police forces. The other two are the Federal Highway Police, and the National Force. From 1944 to 1967 it was called the Federal Public Safety Department.

<span class="mw-page-title-main">Military Police (Brazil)</span> State police force of Brazil

Military Police are the uniformed preventive state police of the states and of the Federal District of Brazil. The Military Police units are the main ostensive police force at the state level and are responsible for policing and maintaining the public order. Their formations, rules and uniforms vary depending on the state. Investigative work and forensics are undertaken by the Civil Police of each state.

<span class="mw-page-title-main">Batalhão de Operações Policiais Especiais</span> Brazilian military police tactical unit

Batalhão de Operações Policiais Especiais (BOPE) or BOPE is the police tactical unit and gendarmerie of the Military Police of Rio de Janeiro State (PMERJ) in Brazil. Due to the nature of crime in favelas, BOPE units utilize equipment deemed more powerful than traditional civilian law enforcement, and have extensive experience in urban warfare as well as progression in confined and restricted environments.

Law enforcement in Spain is carried out by numerous organizations, not all of which operate in the same areas.

<span class="mw-page-title-main">Civil Police (Brazil)</span>

In Brazil, the Civilian Police is the name of the investigative state police forces.

<span class="mw-page-title-main">Law enforcement in Argentina</span>

In Argentina, the most important law enforcement organization is the Argentine Federal Police with jurisdiction in all Argentine territory. Most routine police work is carried out by provincial/state police forces. In recent years, several cities started their own local police forces to reduce the burden on the State Police. The capital city of Buenos Aires, where the Argentine Federal Police works with Argentine Naval Prefecture and Buenos Aires City Police.

Law enforcement in Peru is carried out by two organizations under the direction of the Ministry of the Interior:

Law enforcement in Albania is the responsibility of several agencies. The responsibility for most tasks lies with the Albanian State Police, a national police agency, which is under the authority of Ministry of Internal Affairs. Examples of other agencies with limited policing powers are the Municipal Police, which has administrative functions and operates in the local level. They are controlled by mayors.

<span class="mw-page-title-main">Law enforcement by country</span>

In many countries, particularly those with a federal system of government, there may be several law enforcement agencies, police or police-like organizations, each serving different levels of government and enforcing different subsets of the applicable law.

<span class="mw-page-title-main">National Public Security Force</span> Police in Brazil

The National Public Security Force was created in 2004 and is headquartered in Brasília, in the Federal District, as a joint cooperation of various Brazilian Public Safety forces, co-ordinated by the National Secretariat of Public Security, of the Ministry of Justice. It was created during the administration of President Luiz Inácio Lula da Silva, as a concept developed by then Minister of Justice, Márcio Thomaz Bastos.

<span class="mw-page-title-main">Law enforcement in Mexico</span> Overview of law enforcement in Mexico

Law enforcement in Mexico is divided between federal, state, and municipal agencies. There are two federal police forces, 31 state police forces including two for Mexico City, and 1,807 municipal police forces. There are 366 officers per 100,000 people, which equals approximately 500,000 in total.

<span class="mw-page-title-main">Military Police of Rio de Janeiro State</span> Military police force of the state of Rio de Janeiro

The Military Police of Rio de Janeiro State (PMERJ) like other military polices in Brazil is a reserve and ancillary force of the Brazilian Army, and part of the System of Public Security and Brazilian Social Protection. Its members are called "state military" personnel.

<span class="mw-page-title-main">2010 Rio de Janeiro security crisis</span>

In November 2010, there was a major security crisis in the Brazilian city of Rio de Janeiro and some of its neighboring cities. The city's criminal drug trafficking factions initiated a series of attacks in response to the government placing permanent police forces into Rio's slums.

<span class="mw-page-title-main">Military Police of Acre State</span> Auxilary police of the Brazilian state of Acre

The Military Police of Acre State are the preventive police force of the state of Acre. In Brazil, Military Police are reserve and ancillary forces of the Brazilian Army, and part of the System of Public Security and Brazilian Social Protection. Its members are called "State Military" person.

<span class="mw-page-title-main">Armed conflict for control of the favelas in Greater Rio de Janeiro</span>

The armed conflict for control of the favelas in Greater Rio de Janeiro is an ongoing continuous, since 2006, armed conflict between Brazilian militias and subgroups, Primeiro Comando da Capital, Comando Vermelho, Amigos dos Amigos, Terceiro Comando Puro and the government.

References

  1. Court Decision "ADIn n.236-8/RJ" Published June 1, 2001. Accessed September 5, 2007. (in Portuguese)
  2. Rio de Janeiro Civil Police "Historical Data" Accessed September 5, 2007.
  3. Minas Gerais Military Police "Histórico" Archived 2008-07-12 at the Wayback Machine Accessed September 5, 2007. (in Portuguese)
  4. Tourinho Filho, F. 2004. Processo Penal vol.1. p.190. São Paulo: Saraiva. ISBN   85-02-04597-0
  5. Brazilian Federal Police Department "Histórico do DPF". Accessed September 5, 2007. (in Portuguese)
  6. Silva, J.A. 2004. Curso de Direito Constitucional Positivo. p.758. São Paulo: Malheiros. ISBN   85-7420-559-1
  7. 1 2 3 4 5 6 "Brazilian Federal Constitution, article 144". Brazilian Government (official text). Retrieved 2023-05-22. See also: "Brazilian Federal Constitution in English", text translated to English (unofficial). Accessed September 5, 2007.
  8. 1 2 "EMENDA CONSTITUCIONAL Nº 104" [Constitutional Amendment no. 104], Constitution of Brazil (in Portuguese), Presidência da República, 2019-12-04
  9. Ministério da Justiça "Força Nacional de Segurança Pública" Accessed September 5, 2007. (in Portuguese)
  10. Jornal da Globo "Exército nas ruas do Rio" Accessed September 13, 2007. (in Portuguese)
  11. "Brazilian Federal Constitution, article 51, IV". Brazilian Government (official text). Retrieved 2023-05-22.(in Portuguese)
  12. "Brazilian Federal Constitution, article 52, XIII". Brazilian Government (official text). Retrieved 2023-05-22.(in Portuguese)
  13. "Brazilian Federal Constitution, article 29, paragraph 3". Brazilian Government (official text). Retrieved 2023-05-22.(in Portuguese)
  14. Conselho Nacional de Justiça "Resolução Nº 344 de 09/09/2020" Accessed May 22, 2023. (in Portuguese)
  15. Investigação criminal : conduzida por delegado de polícia : comentários à Lei 12,830/2013. Pereira, Eliomar da Silva,, Dezan, Sandro Lucio. Curitiba. 2013. ISBN   9788536244495. OCLC   901375778.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: others (link)
  16. Inquérito policial. Bezerra, Clayton da Silva, Agnoletto, Giovani Celso (1. edição ed.). São Paulo, SP: Letras Jurídicas. 2015. ISBN   9788582480762. OCLC   993875738.{{cite book}}: CS1 maint: others (link)
  17. "Law #12,830/13".
  18. Human Rights Report "Police brutality in urban Brazil" Accessed September 5, 2007.
  19. "Amnesty International reports on Violence in Brazil", SEJUP (Servico Brasileiro de Justica e Paz), News from Brazil, No. 489, 29 May 2003, Accessed September 5, 2007.
  20. Kraul, Chris; Soares, Marcelo (December 9, 2009). "Brazil's police killings condemned by Human Rights Watch". Los Angeles Times.
  21. Amnesty International "Brazil - Police Brutality" Accessed September 5, 2007.
  22. 1 2 Liotta, P. H. (2012). The real population bomb : megacities, global security & the map of the future. Miskel, James F., 1946- (1st ed.). Washington, D.C.: Potomac Books. ISBN   978-1-61234-107-1. OCLC   780445041.
  23. Pearson, Luciana Magalhaes and Samantha. "Brazil's Sky-High Murder Rate Begins to Fall". WSJ. Retrieved 2019-11-21.
  24. Brazil’s Correctional System http://prisonstudies.org/country/brazil
  25. 1 2 Brazil’s Correctional System
  26. 1 2 Brazil Aims to Build 30 Prisons This Year to Tackle Crisis. January 17, 2017.
  27. 1 2 Brazil Must Address Prison Overcrowding and Implement Measures Against Torture. August 14, 2015.