MP-RJ supports judicial activism and demands security actions from the STF

The Public Ministry of Rio de Janeiro (MP-RJ) sent Minister Edson Fachin documents containing information against the state due to signs of non-compliance with the determinations of the Federal Supreme Court (STF). In December, a series of inquiries into public security in Rio de Janeiro was sent by the body so that the minister is “aware and adopts the measures he deems appropriate”. The Court forced the Rio government to adhere to a plan presented by the National Council of Justice (CNJ) last March, drawn up with the support of left-wing NGOs such as Educafro and Instituto Sou da Paz.

The latest MP-RJ investigation against the government of Cláudio Castro (PL) was initiated due to the lack of information about the presence of ambulances in police operations and the preservation of crime scenes, required by ADPF 635, known as “ADPF das Favelas” . The body understood that the lack of responses indicates a possible non-compliance with the STF’s decisions.

It is not the role of the STF, nor the MP, to demand that a state choose a certain public policy, even so, the STF’s judicial activism has the support of the MP’s ideological activism. “One mistake ends up leading to another. The ADPF 635 decision gives rise to this type of intervention [do Ministério Público]”, says the doctor in Law, Alessandro Chiarottino. “These bodies have their corporate interests and in a context like our Republic they seek visibility, power and prestige. That’s why the responsibility of the Federal Supreme Court is so great,” he adds.

Judiciary wants to take over functions of public security bodies

The opinion presented by a CNJ working group, in March 2023, obliges the Rio de Janeiro police to follow measures questioned by members of the corporation. Among them, the presentation of justification for the use of armored helicopters (making their adoption difficult), the relaxation of the secrecy of police operations, the provision of ambulances during operations and the use of cameras by police officers. In terms of training, it is expected that police officers will study the fight against racism, develop socio-emotional skills and receive psychological support. Carrying out case studies after operations with deaths to improve performance is also among the defined guidelines.

A People’s Gazette has already shown how ideological activism has been consolidated within the Public Ministry. In this latest investigation, launched a month after the presentation of the CNJ plan, the MP-RJ also suggests the creation of more protocols that should be incorporated by the local police, such as guidelines for cases in which it is necessary to modify the crime scene. This type of guidance is not part of the responsibilities of the Judiciary or the MP.

Despite institutions, such as the Public Security Institute (ISP) of Rio de Janeiro, contesting the actions presented in the CNJ plan, minister Edson Fachin continues to pressure Rio de Janeiro to adhere to the actions, claiming the attempt to reduce lethality. Regarding the use of cameras by police officers, Fachin has forced BOPE-RJ to use the devices, ignoring the risks highlighted.

Detailing measures would be up to the Executive

“It’s as if the STF and the CNJ wanted to design the details of a national policy against cancer. What would be the result of that?” asks Chiarottino. The expert clarifies that the Judiciary bodies must make general determinations, based on the Federal Constitution, but that they do not have the technical capacity to specify the actions in such a detailed manner. “It’s like pointing out which chemotherapy device the state should buy. The person who should do this is not the Judiciary, but the technical bodies”, he explains.

The adoption, by the Judiciary, of legal instruments to make public policies violates the functions of the other powers provided for in the Constitution. “Public policy is about facing, in the field of reality, the problems that are presented to the government. To resolve them, you first need power – which belongs to the Executive and in some cases the Legislature. But especially because it is, in essence, something very technical and requires closeness to the problem”, he explains.

Today, it is already possible to see some consequences of Fachin’s determinations in relation to ADPF das Favelas. In June 2020, the minister suspended police operations, which allowed a considerable increase in drug trafficking in the city.