Prosecutor Flávio Matias, coordinator of the External Control of Police Activity in Sergipe, opened a procedure to investigate alleged classification as “personal information” of the disciplinary administrative proceedings against Federal Highway Police (PRF) agents involved in the approach that resulted in the death of Genivaldo de Jesus. Santos, suffocated in the trunk of a corporation vehicle that became a “gas chamber”. The decision imposes 100-year confidentiality on the data.
The Attorney’s Office is investigating whether the measure “is being used as an obstacle to the provision of information of public interest”, contrary to the Law on Access to Information and the Constitution.
The body emphasizes that the Access to Information Law defines personal information as “that related to the identified or identifiable natural person”. It also highlights that, according to the Comptroller General of the Union (CGU), the personal information that must be protected are only “those that refer to intimacy, private life, honor and image”.
The investigation was initiated after the “Metrópoles” portal reported that it had denied a request made via the Access to Information Law, to obtain information about the administrative processes involving the five agents who signed a police report about the approach that resulted in the death of Genivaldo. .
According to the newspaper “O Estado de S. Paulo”, the agents classified the death of the 38-year-old man as a “fate unrelated to legitimate police action”. The police reported that “the differentiated use of force was legitimately used” in the case, noting that pepper gas and tear gas were used to “contain” Genivaldo.
The document attributed to the victim alleged “crimes of disobedience and resistance”. It was drawn up by the PRFs Clenilson José dos Santos, Paulo Rodolpho Lima Nascimento, Adeilton dos Santos Nunes, William De Barros Noia and Kleber Nascimento Freitas, who presented themselves as the “tactical motopolicing team that carried out policing and inspection” in Umbaúba (SE) .
“Regardless of the outcome that the issue may have in the administrative sphere after the appeal of the journalistic website Metrópoles is considered, it is important to determine whether the classification as ‘personal information’ of the disciplinary administrative process involving the police officers whose approach resulted in the death of Genivaldo dos Santos is being used as an obstacle to the provision of information of public interest, contrary to Law 12.527/2011 and the Federal Constitution”, registered prosecutor Flávio Matias in a document signed this Thursday (23).
Source: CNN Brasil