PGR and state MP disagree on the apprehension of minors in Rio

In disagreement with the Attorney General’s Office (PGR) regarding the preventive apprehension of minors in Rio de Janeiro, the Public Ministry (MP) asked the Federal Supreme Court (STF) to maintain the injunction of the state Court of Justice (TJ-RJ ) that revoked a decision by the 1st Court of Children, Youth and the Elderly of the District of the Capital in which judge Lysia Maria da Rocha Mesquita prohibited the apprehension of teenagers without being caught during “Operação Verão”.

The TJ-RJ’s decision was questioned in the MP-RJ and the Federal Public Ministry (MPF) by PSOL deputies, Talíria Petrone and Renata Souza, in December last year. The deputies called the Court’s decision “racism disguised as public security”.

In agreement with the psolistas, the Attorney General of the Republic, Paulo Gonet, asked for the TJ-RJ injunction to be overturned. According to the PGR, “the seizures of children and adolescents cannot be carried out unrestrictedly, outside of constitutional and legal hypotheses”.

The state Public Defender’s Office also spoke out against preventive approaches and the apprehension of minors.

According to the MP-RJ, the decision of the Court of Justice did not contradict the understanding established in Direct Action of Unconstitutionality 3,446, in which case the STF validated provisions of the Child and Adolescent Statute that prevent the State from collecting young people in situations of of street.

“It should be noted that it is possible for teenagers to find themselves in a risk situation due to their own conduct. If there is acceptance, there is communication to the court, and if there is disrespect for rights, illegality or irregularity, the court will take measures with a view to correcting it (see ECA, article 98). Going beyond the analysis of what happens as predicted by the legal system in ‘Operação Verão’ would be to question its correctness or incorrectness, as the Complainant (PGR) appears to do. Such an incursion involves evaluating facts and evidence, outside the scope of the complaint,” argued the Public Prosecutor’s Office in the petition.

The governor of Rio de Janeiro, Cláudio Castro, is also against the ban on preventive stops and seizures.

Shortly after the decision handed down by the judge of the 1st Court of Children, Youth and the Elderly, the governor announced that he would appeal.