CONSTITUTIONAL JURISDICTION AND PUBLIC SECURITY: AN ANALYSIS OF THE ADPF OF FAVELAS, IN THE LIGHT OF TRANSITIONAL JUSTICE
Name: GUILHERME RAMOS HAMER GOMES
Publication date: 19/09/2023
Examining board:
Name |
Role |
|---|---|
| RICARDO GUEIROS BERNARDES DIAS | Advisor |
Summary: This dissertation has as its central theme the process of the Claim of Non-compliancewith Fundamental Precept n. 635, popularly known as “ADPF das Favelas”, a lawsuitfiled in 2019 aimed at obliging the state of Rio de Janeiro to implement variousstructural measures related to the control of police activity, in line with the judgment ofthe Inter-American Court of Human Rights in the Favela case New Brasilia. As aresearch problem, we ask whether it is possible to state whether the ADPF n. 635would be constituting advances in Transitional Justice in Brazil and the SupremeFederal Court would be respecting the limits of constitutional jurisdiction when actingon it. We carried out a thematic research in relation to the investigated constitutionalaction, aiming to analyze, from the perspective of Transitional Justice: 1) theparticipation of organizations of relatives of victims of police violence and favelaresidents in the public hearing of the process; 2) the mandatory protective order thatestablished the need for police operations in Rio de Janeiro, during the COVID-19pandemic, to be reserved for “absolutely exceptional” cases, with immediatecommunication to the Public Ministry. The theoretical references adopted were theTheory of Transitional Justice, Critical Criminology, Hermeneutic Criticism of Law andthe Theory of Criminal Garantism. In the methodology, the applied techniquesconsisted of bibliographic analysis and document analysis. We conclude: 1) theparticipation of organizations of relatives of victims of police violence and favelaresidents in the public hearing was marked by a strategic litigation based on publicmourning and the denunciation of structural racism in the public security and criminaljustice system in Rio de Janeiro, generating impacts implementation of TransitionalJustice in the sense of building collective memory, symbolic reparation and psychicreparation; 2) at least in relation to the question of the “exceptional nature” of policeoperations, the STF did not act in an activist manner, but rather in a manner compatiblewith what the Transitional Justice advocates as institutional reform/guarantee of nonrepetition; however, the Court's order has been strongly disregarded. It is hoped thatthis dissertation can contribute to civil society and the Public Power, including the STFitself, being able to directly recognize ADPF n. 635 as an important instrument forimplementing the Transitional Justice in the state of Rio de Janeiro and, in the longterm, throughout Brazil.
Keywords: ADPF of Favelas. Transitional Justice. Supreme Federal Court. InterAmerican Court of Human Rights. Constitutional jurisdiction. Strategic litigation. Publicsecurity.
