Minister Edson Fachin, of the Federal Supreme Court, determined, this Friday (27), that the State of Rio de Janeiro hear, within 30 days, the State Public Ministry, the State Public Defender’s Office and the Sectional Council of Brazilian Bar Association on the plan to reduce police lethality in Rio.
The suggestions presented by these bodies and entities to the plan already prepared by the Rio de Janeiro government must be accompanied by the respective justifications for their acceptance or rejection and subsequently sent.
Fachin’s decision came after a police operation left 23 dead in Vila Cruzeiro, Rio de Janeiro.
Fachin met, on Wednesday (25), with representatives of the Attorney General’s Office of the State of Rio de Janeiro and with deputies from opposition parties, in two separate meetings.
In this Friday’s decision (27), the minister pointed out that the decree presented by the Attorney General’s Office of the State of Rio does not have a contribution from Organs aforementioned bodies.
“In this sense, it should be noted that the Decree presented by the State of Rio de Janeiro does not record the participation or specific contribution of the Public Defender’s Office, the Public Ministry or even the Sectional Council of the Brazilian Bar Association. If it is true that it is not up to these bodies to prepare the plan, they are assured the opportunity to present suggestions and criticisms, because they are the ones who will also supervise the implementation of these measures”, he said.
The minister stressed, however, that the government of Rio de Janeiro “is not obliged to accept or adopt the suggestions presented”, but needs to justify its actions and decisions on the suggestions presented, “even for later control by this Court”.
“The participation of civil society would never have the power to replace the manager or public authority in decision-making. However, without the opportunity for democratic participation, the decision becomes illegitimate”, said the minister.
Fachin stressed that “it is natural” that compliance with the STF decision, which determined a series of rules for police operations to be carried out in Rio de Janeiro (in order to reduce police lethality), “go through a dialogic procedure”.
“Although the initiative to seek, in the short term, to fully comply with the Court’s decision, is commendable, it is natural, either because of the original nature of the action or because of the structural nature of the present demand, that compliance with the Court’s determinations passes through a procedure dialogue, in order to prepare the actions for the examination of the Collegiate”, he stated in his decision.
Source: CNN Brasil
