Law enforcement in Brazil


In Brazil, the Federal Constitution establishes eight law enforcement institutions - seven titulars and one auxiliar. The titular institutions are: the Federal Police, the Federal Highway Police, the Federal Railway Police, the Federal Penal Police, the State Military Police and Fire Brigade, the State Civil Police and the State Penal Police. Of these, the first four are affiliated to federal authorities and the latter three are subordinated to state governments. These public safety institutions are part of the Executive branch of either federal or state government. Apart from these five institutions, there are others which affiliate to municipal authorities: the Municipal Guards. According to Minister Alexandre de Moraes of the Supreme Federal Court, "...the Municipal Guards are inserted in public safety as the auxiliary and related body of public security force..." Federal law 13,022 gave them de facto and de jure police attributions.
According to the Supreme Federal Tribunal, Law enforcement forces with an obligation to maintain public safety by Brazilian law are the ones listed in article 144 of the Federal Constitution's Caput, that is, the first seven aforementioned forces. As a new force cited in the Federal Constitution Article 144 - Eighth Paragraph, the guards act in support and complement - without a relationship of subordination with them. In case of criminal occurrence, Guards forward the occurrence to the Civil and / or Federal police.
There are two primary police functions: maintaining order and law enforcement. When criminal offences affect federal entities, federal police forces carry out those functions. In the remaining cases, the state police forces undertake police activities.

History

The first groups assigned with security duties in Brazilian territory date back to the early sixteenth century. Small, incipient units were designated in the Brazilian coastline, with the main function of fending off hostile foreign invaders. In 1566, the first police investigator of Rio de Janeiro was recruited. By the seventeenth century, most "capitanias" already had local units with law enforcement functions. On July 9, 1775 a Cavalry Regiment was created in Minas Gerais for maintaining order. At the time, intense gold mining had attracted attention and greed of explorers, generating tensions in the area.
In 1808, the Portuguese royal family relocated to Brazil, due to the French invasion of Portugal. King João VI sought to reshape the administrative structure of the colony. Among several reforms, he established the "Intendência Geral de Polícia", which merged police units with investigative functions, call currently of Civil Police. He also created a Military Guard with police functions on 13 May 1809. This is considered a predecessor force of local military police units. Later, in 1831, when independence had already been declared, each province started organizing its local "military police", with order maintenance tasks.
On 31 January 1842, law 261 was enacted, reorganizing the investigative offices, the current "civil police".
The first federal police force, the Federal Railroad Police, was created in 1852.
Finally, in 1871, law 2033 separated police and judicial functions, creating the general bureaucratic structure and mechanisms still adopted nowadays by local police forces. In 1944, a federal police institution was created. The current Federal Police department was conceived on November 16, 1964. During the military dictatorship, some political police organizations were maintained, such as the DOI-CODI.

Primary functions

Law enforcement and maintaining order are the two primary functions of Brazilian police units. In Brazilian Law, maintaining order is considered a preventive effort whereby police troopers patrol the streets to protect citizens and discourage criminal activity. Law enforcement consists of criminal investigation after an offence.
Prevention and investigation in Brazil are divided between two distinct police organizations. Local "military police" forces only have order maintenance duties. Correspondingly, "civil police" institutions are responsible solely for crime investigation. However, at the federal level, the Federal Police is commissioned with both preventive and investigative functions of federal crimes.

Federal institutions

There are three federal police institutions in Brazil: the Federal Police, the Federal Highway Police, and the Federal Railway Police.
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State institutions

There are two types of state police institutions: the Military Police/Military Firefighters Corps and the Civil Police.
The Municipal Guards, also called the Municipal Civil Guards, are the security forces of municipalities of Brazil. Created in the time of the Empire of Brazil, the guardsmen are subordinated to the municipality mayors. Trained as a civilian uniformed agency, the city guards are responsible to police the municipal parks, properties, installations and the interior of municipal councils and city halls, according to the Brazilian Federal Constitution.
Their patrols are called rondas and there are 1,200 municipalities with Municipal Guards with more than 120,000 operatives according with the Brazilian Institute of Geography and Statistics. They are treated as police officers by the former president of the IPA Brazilian section, Mr. George Henry Millard. The former Brazilian Minister of Justice and former governor of the state of Rio Grande do Sul, Mr. Tarso Genro, asked for them to be given more jurisdiction for their operatives, and especially for their official recognition by Brazil as public safety workers.

Entry qualification

Access to all positions under any military police forces encompasses written knowledge tests, previous and further medical exams, physical strength, agility and endurance tests and, finally, psychological interviews and evaluation. When approved on all tests, the candidate will be considered fit to military police service and admitted in special training courses. There's a minimum entry age of 18 years and, with few variations, a maximum entry age of 30 years.
Candidates to military police lower ranks, such as 2nd class soldier, must meet a minimum of high school education.
In the Civil Police as also in the Federal Police, police commissioners are responsible for coordinating and conducting all criminal investigations, with very similar functions and powers of those held by instruction magistrates or prosecutors in other legal systems. For that reason, those police commissioners are required to hold a full degree in Law and have law practicing or law enforcement experience of at least three years.

Misconduct

Reports of police misconduct, such as brutality and corruption, have harmed the reputation of police institutions in Brazil, especially state forces. Violence against suspects and extrajudicial executions are known to be employed by police. In the cities of São Paulo and Rio de Janeiro, the Military Police has been involved in several controversial massacres of civilians, typically in poor neighborhoods where high-profile criminals tend to hide. There have also been massacres in prison facilities. One of the most notorious cases is the Carandiru massacre of 1992. Torture is still commonly used as means of questioning and punishing individuals.
Brazil’s corrections system is a huge problem for the country and it severely affects the overall well-being of its people. There are a lot of problems relating to violence, gangs and the way the government has been handling the problems. Brazil’s corrections system is under the prison administration called Departamento Penitenciario Nacional, and the head of this prison administration is Renato Campos Pinto de Vitto.
The "favelas" in Brazil have many criminal gangs within them that protect individual favelas from other rival gangs and the law enforcement. The government has been seen as "ineffective" towards criminal activity within favelas and Brazil as a whole such as trafficking of humans and drugs, kidnapping, and robberies. Corruption and crime levels within Brazil remain high and Bolsonaro’s administration has aimed to help decrease these levels with the help of the police. Bolsonaro mentioned on his own social media page that criminals "should be" attacked by police officials, which can aid to the decrease in crime, thus creating a larger distrust towards law enforcement in Brazil. As of December 2017, the prison population in Brazil was at a total of 668,914, and when compared to a prison population rate per 100,000, the total is 332 per 100,000 people. The number of institutions Brazil has regarding their corrections system is 1,449. The official capacity of the institutions is 404,509 people which is many more than they are supposed to be able to house. In 2000, 232,755 people were incarcerated in Brazil. In 2016, 644,575 people were incarcerated.
As of 2017, the President of Brazil aimed to build 30 prisons that year to tackle the overcrowding crisis of their institutions. Brazil’s prisons are 50% over capacity, and most of the prisons are state-government run. The prisons are heavily controlled by gangs, drugs, guns and other contraband entering the prisons regularly. Many residents of favelas do not trust law enforcement because in 2008, the police killed an average of three people for every twenty-three people they arrested in Brazil. Crime levels are high due to extreme poverty levels and law enforcement refusing to patrol favelas. One of the more recent riots occurred between Brazil’s most powerful gang, First Capital Command, and their rival, Red command. First Capital Command slaughtered 26 other inmates at the Alcaçuz prison in the state of Rio Grande do Norte. President Temer wants to build these new prisons to separate non-violent criminals from the dangerous ones to prevent recruitment into organized crime. Since a big part of their prison population problems are the gangs, President Temer has also said that Brazil will be more cooperative with neighboring countries to try to reduce gangs funded by drug trafficking. There is such bad overcrowding, some are close to three times their actual capacity. The frequent use of pepper spray, tear gas, noise bombs and rubber bullets has been documented, as have severe beatings and kicking by the prison personnel on the inmates. The prison personnel are also equipped with assault rifles, shotguns and handguns to protect themselves from the violent events that happen in their prisons and also to keep order of the super overcrowded prisons where inmates could easily overcome the employees.