increases in RJ after STF restricts police action

Summary of this report:

• Restrictions on police operations in communities in Rio de Janeiro, imposed by the STF and in effect since 2020, have dramatically increased violence on the state’s highways.
• Gangs linked to drug trafficking have taken advantage of obstacles for the police to enter the favelas to rob trucks and take them into communities to unload tons of cargo.
• Criminal groups already have real distribution centers and a “professional” logistics structure inside the favelas, which are increasingly shielded from police entry.
• In May, three large entities from economic sectors impacted by cargo thefts asked to join the action being processed by the STF to ask ministers to reconsider measures, considered chaotic to public security.

The worsening of the scenario of violence on the highways that cross Rio de Janeiro is nothing new: cases of cargo theft are counted in the thousands every year. Despite this, in the last three years – which coincide with the restrictions on police operations in the state imposed by the Federal Supreme Court (STF) – the criminals’ mode of operation has changed, which has caused various damages to public safety and the economy of Rio de Janeiro.

Gangs specializing in this type of theft, linked to drug trafficking, have taken advantage of restrictions on police entry into communities to rob trucks and take the vehicles into the favelas to unload the goods. Even with the flagrante delicto, the state security forces face several uncertainties to enter the premises, fearing legal retaliation.

If the merchandise is of interest to the gangs, a “ransom” fee is charged to return the trucks. If that doesn’t interest you, a more expressive amount is charged to return the vehicles along with the shipment. Drivers, on the other hand, experience profound psychological stress when they are taken into communities as hostages by gangs.

In order to deal with the increase in crimes, in recent weeks, three major entities representing industry, commerce and cargo transport in Rio de Janeiro filed requests with the STF to join as “friends of the Court” in the process that deals with the restriction of police operations. . In their petitions, the Federation of Industries of Rio de Janeiro (Firjan), the Union of Road Cargo Transport and Logistics Companies of Rio de Janeiro (Sindicarga) and the Association of Wholesalers and Distributors of the State of Rio de Janeiro (Aderj) claim that restrictions on police activity imposed by ministers are directly responsible for the impact on highway cargo thefts.

In the coming days, at least two other institutions linked to sectors impacted by the measures should also apply for admission with the aim of providing the Court with data to guide decisions. Currently, most of the entities that make up the action are made up of NGOs and political parties such as PT and PSB, which support the depletion of police presence in Rio de Janeiro communities, dominated by organized crime.

With loopholes created by the Judiciary, factions created a “professional” logistics structure within the favelas

As Alexandre Ayres, general secretary and legal director of Sindicarga, explains, despite the reduction in records of cargo thefts in recent years, the professionalization of gangs has generated a migration from more numerous attacks to small transport vehicles to large-scale offensives. to trucks with loads of tons. “This became even more interesting than drug trafficking. They steal a trailer, sell this material for 50% less and in a few hours they have hundreds of thousands of reais in their pockets”, says Ayres.

The presence of police vehicles on highways has increased in recent years. Despite this, the gangs find loopholes for attacks, which include scouts on motorcycles, support cars with criminals armed with rifles and the use of signal blockers to remove trucks from electronic fleet control.

“Today there are already distribution centers inside the favelas. They are logistical control areas with forklifts, munck trucks, packaging, shelves, warehouses, employees. The criminals know that they cannot be disturbed in these places, so they steal a truck with tons of polypropylene, for example, organize it in this place and sell it little by little”, says the Sindicarga spokesperson.

As an effect of the changes in the criminals’ modus operandi, despite the lower number of theft records, the Sindicarga calculates that the economic losses with the loss of cargo will be up to 20 times greater than in previous years. “Even if the police stations discover the theft, they cannot enter the favelas quickly, because it is forbidden to carry out an operation without prior notice. Often, when they enter, they manage to recover the truck, but the load has already been transhipped for some time”, says Ayres.

On some stretches of highways, the increase in cargo thefts in one year was 70%

A survey released in March by Firjan, which is the second largest employers’ federation in the country, shows that cargo theft caused damage of R$ 388 million to Rio de Janeiro last year alone – the average is 12 occurrences per day. According to the Federation, over 4,200 robberies were recorded throughout the year. The increase in crimes motivated a protest, on the last 15th, with around 400 truck drivers and businessmen from the sector, who denounced the increase in the occurrence of crimes.

With the beginning of the restrictions imposed by the STF, police operations could only be carried out in cases of “absolute exceptionality” and upon prior justification to the state Public Ministry. According to Aderj, as a result of the creation of obstacles to the presence of security forces in communities, “there has been a decrease in police operations, mainly in risk areas, which are located close to the main highways of the State, where trucks transporting goods travel” , says the entity.

Firjan, in its manifestation to the STF, showed that there are regions that register a significant increase in these crimes, with emphasis on the surroundings of the Port of Rio, which registered a 70% increase in crime in 2022, and also Duque de Caxias, which marked an increase of 43% in the period, registering an average of one theft per day throughout the year. The entity maintained that the dramatic scenario on the highways demonstrates that instead of reducing police operations in the state, these should be increased especially in key regions that accumulate most crimes.

Vague term used by minister leaves police officers without legal certainty to act

One of the main points of criticism from the entities is the vague character with which Minister Fachin, rapporteur for the process, described the conditions for the operations to be carried out. When ordering the restrictions, the minister stressed that the operations are possible only in “absolutely exceptional circumstances”, without specifying what constitutes these cases.

For the entities, the measure leaves the police in a situation of great legal uncertainty to act. An excerpt from the Sindicarga petition states that the expression “ended up proving to be an indeterminate legal concept, while each executor of the order understands the expression in a different way.” Petitions request that Fachin clarify whether the term “absolutely exceptional” applies to all cases of flagrant crime – which would facilitate quick police reactions to recover trucks and loads when identifying the commission of crimes.

For Alexandre Ayres, the significant impacts on the state, both economically and in terms of public security, demand that ministers urgently modify the terms of the restrictions. “We want to demonstrate to ministers what really happens in Rio de Janeiro. In addition to the violence itself with cargo thefts, we have a large number of businessmen leaving here, and with that we are losing jobs. Insurance is no longer covering cargo in Rio de Janeiro, and losses from theft directly affect product prices on the market,” he laments.