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Brazil
Background
Material
Brazil was discovered in 1500, and remained a colony of Portugal
until its declaration of independence on September 7, 1822. It
is situated in South America and has an area of 8,514,215.3 Km2,
the largest country in the region, and 15,735 km of borders with
Argentina, Uruguay, Paraguay, Bolivia, Peru, Colombia and Venezuela.
According to the last general census in 2000, the population is
169,799,160 people, of which 49.22% are men and 50.78% are women;
81.25% live in urban areas and 18.75% in rural areas. It is the
most populated and the largest country in South America.
Brazil's
only language is Portuguese, which, in spite of slight differences
in regional accents, is understood in all parts of the country.
Brazil is divided into five regions: south, southeast, center-west,
northeast and north. Some are very distinct from one another in
terms of ethnic, cultural, topographical, and economic aspects.
Politically the country encompasses twenty-six states and the
Federal District, which is where the Federal Administration sits,
with a status of both State and Municipality. As part of these
27 federative units there are 5,541 municipalities, of which 449
are in the Northern region, 1,792 in the Northeast region, 1,688
in the Southeast region, 1,189 in the South Region and 463 in
the Center-West Region.
According
to the Federal Constitution passed on October 5, 1988, each state
shall have its own State Constitution and Governor, with an autonomy
which, due to its status as a Federation, is relative, since they
are limited to issues allowed by the Federal Constitution which,
prohibits the States from having their own criminal and criminal
procedural laws, except in first jurisdiction, after specifically
authorized by the National Congress.
Brazil is
a country formed by several races. No records exist of any open
racial conflicts. Federal laws prohibit racial and religious discrimination
of any kind, setting tough prison sentences for their violators.
Nevertheless, discrimination against blacks and Indians does exist,
especially in middle-class circles, which have triggered protests
from anti-discrimination non-governmental organizations. Among
the 169,799,160 residents of Brazil, 91,298,042 declared to be
White; 10,554,336 considered themselves black; 761,583 yellow;
65,318,092 mixed-races and 734,127 proclaim to be Indian; another
1,206,675 did not answer the question made by the government in
2000.
In 2000,
research was also conducted on the religion proclaimed by each
respondent and the conclusion was that 124,980,132 of the people
were Catholics; 26,184,941 Evangelical; 2,262,401 Spiritualists;
525,013 claimed Afro-Brazilian religions; and 3,044,013 believe
in other religions, among which are 1,104,886 Jehovah's Witnesses,
214,873 Buddhists, 86,825 Jews and 27,239 Muslims. 12,492,403
declared not to have any religion.
Contextual
Features
In 2002, the per capita income in Brazil was US$7,360.00. The
United Nations Human Development Index (HDI) (2002) puts Brazil
in the 73rd place, among the 173 countries that were studied.
Brazil has an economically active population of 78 million. The
main economic activities are: wood and mineral exploration (in
the North Region), agro-industry and tourism (in the Northeast
Region), prospecting and livestock (in the Center-West Region),
industry and services (in the Southeast Region), agribusiness
and industry (in the South Region).
Brazil adopted
the Civil Law legal system, based on the Portuguese legal experience,
which was itself inspired by the Italian, French and German systems.
Great importance is given to written laws, although the Brazilian
legal system adopts as criteria for legal decisions precedents
originating from the country's higher courts.
Brazil adopted a federal constitution in 1988, which provides
the legal principles that guide the nation, among which are the
separation of the branches of government—the Executive Branch,
headed by the President of the Republic, the Federal, State and
City Legislative Branch, the Judicial Branch and the Department
of Justice, which formally is an integral part of the Executive
Branch, but not headed by the President, having full independence
and autonomy. These three branches (plus the Department of Justice)
are, as provided for in the Brazilian Constitution. "independent
and harmonious among them".
The death
penalty and life imprisonment sentences are barred by the Brazilian
Constitution, and no judge may sentence someone to this type of
punishment, except in cases when war has been declared.
Brazil has also a Penal Code and a Code of Criminal Procedure,
both launched in 1940 and still in effect, having passed through
numerous legal amendments so they could adjust to modern times.
The country also has Special Criminal Laws that specify procedures
for certain criminal acts. The laws are continually adapted to
reflect current needs. For instance, in 2002 Law 10.409 altered
the laws on drug trafficking crimes and possession for self use,
implementing new procedures to reduce the action of traffickers.
In 2003, Law 10.695 changed the penalties for copyright infringement,
including the downloading of music from the internet and its subsequent
illegal selling.
The Judicial Branch is made up of the Federal Supreme Court, with
eleven Justices, the highest judicial organization; right below,
the Superior Court of Justice: the Superior Labor Court (to hear
labor cases); the Superior Military Court (for military cases)
and the Electoral Superior Court (which functions only during
election periods). They all sit in Brasilia, the Federal District.
This entry
focuses on the State and Federal courts, which have sole jurisdiction
over criminal matters.
State Courts exist in every state. They are made up of first jurisdiction
judges and at least one Appeals Court with the creation of a greater
number being allowed should the workload justify. They decide
more common cases, which involve private individuals and all types
of crimes, except those that the Federal Constitution has determined
to be entertained by federal courts.
Federal courts
are divided into five administrative regions. First jurisdiction
federal judges sit only in the most populated and economically
important cities in each state. For appeals, there are five Federal
Courts, which have jurisdiction to decide appeals filed against
decisions made by first jurisdiction judges under his/her competence.
They judge all cases of federal interest and crimes provided for
in the Federal Constitution as being of its attribution, such
as international drug trafficking; those included in international
treaties ratified by Brazil; crimes against federal agents in
the line of work; those of international interest; on board of
aircrafts and vessels; money counterfeiting; federal tax evasion;
against the financial system; money laundering, among others.
Small claims
courts also exist in the federal sphere as well as in states,
to which cases of a less significant economic value and lesser
crimes are submitted, with penalties that include sentences of
a maximum of two years of incarceration. Trials are speedier and
settlements can be reached among the parties.
In Brazil,
first instance judges are selected by a screening process. No
elections exist for judges in the country. As a rule, the minimum
age of 24 years of age is required and two years of professional
experience as a practicing attorney. This results in Brazilian
judges being very young in general. To have an idea, according
to the Federal Judiciary Administration, the average age for a
federal judge is 34 years. Selecting tests are very tough and
candidates abound. When enrolling for the exams, the candidate
chooses an area of law in which he intends to focus - whether
a state, federal, military or labor judge.
Appeals judges
are selected by promoting first jurisdiction judges, and a number
of the seats in theses courts are reserved for long practicing
lawyers with notable legal knowledge, and for public prosecutors
under the same conditions, who will become second jurisdiction
judges directly. A similar process takes place to fill seats in
the Superior Courts.
In Brazil,
magistrates have important guarantees such as life-term appointment
after two years of work (they cannot be dismissed until they retire,
except when serious acts are committed and a judicial decision
can prove the accusations).
The average
income of a Brazilian judge is currently US$65,000,00 annually.
There are around 14 thousand judges in Brazil, among all categories,
which represents 1 state judge for every 26,854 inhabitants and
1 federal judge for every 147,826 inhabitants.
Members of
the Department of Justice have similar guarantees and wages. The
form of recruiting is also the same. As with judges, public prosecutors
are divided into state, federal, labor and military and practice
only in the area of their choosing. They formulate indictments
and follow up on police investigation.
The punishment
for crimes committed in Brazil vary from a simple fine or obligation
to perform public service in social work entities to 30 years
of incarceration. The longest punishment provided for in the Brazilian
penal system is for the crime of kidnapping followed by death
and varies between 24 and 30 years in prison. The punishment for
drug trafficking varies from 3 to 25 years in prison, without
the right to any benefit, since it is considered a heinous crime
as provided for by Law 8.072 of 1990, together with kidnapping,
first degree murder, torture, genocide, rape, counterfeiting prescription
medication and terrorism. The minimum age limit to be tried for
a crime is 18 years of age. Under this age limit, the criminal
is sent to a reformatory by a legal order for the maximum term
of 3 years.
The Brazilian
prison system holds currently about 285 thousand inmates. In the
last few years a substantial increase in the prison population
has taken place in the country as a consequence mainly in the
increase in the number of convictions by judges and intensified
law enforcement work. As an illustration, in 1995 the country
had 95 thousand people in prison. In the state of Sao Paulo alone
1,500 new convictions are added every month. In 2003 the state
will spend in excess of US$ 71,000,000,00 to maintain the prisons
in the country. Brazil has 46,514 guards to handle inmates in
the prisons. In general, prisons are state run, however, in some
states, such as Parana, some were recently built and transferred
to the private sector, which manages them being paid a monthly
remuneration which varies State by the State (on average US$ 400.00
per inmate). For this reason, a significant shortage exists which,
in many cases, causes to the system to house a greater number
of prisoners than the recommended numbers in each prison, degrading
the internationally required standards and inmates' rights.
The following
data is made available by the National Prison Department:
PRISIONAL ESTABLISHMENTS STATISTICS:
QUANTITY:
Total number
of establishments 1,431
INMATES PER
100,000 INHABITANTS:
Population
Total
Brazil's Population 169,799,170
Prison Population 284,989
Inmates p/100,000 inhab. 168
SHORTAGE
OF CELL VACANCIES:
Data Brazil
Total
Vacancies Available 180,726
Prison Population 284,989
Deficit (Brazil) 104,263
PRISON
POPULATION STATISTICS:
PRISONERS
BY SEX:
Prisoners
by Sex Total
Men 272,462
Women 12,527
Total Prisoners 284,989
No federal
prisons exist in Brazil, although their implementation has been
estimated. Thus, those convicted by the Federal Courts are sent
to state-run prisons. The federal administration implemented a
program to build maximum-security federal prisons in some states.
Those convicted by Federal Courts will be sent to these facilities
as well as tougher criminals such as more complex and violent
crime organization leaders that have become commonplace in the
last few years.
The largest
crime incidences in Brazil are reported in a study conducted in
2000 by the National Secretary for Public Safety.
FOR EACH
GROUP OF 100,000 INHABITANTS
1.Theft (excluding vehicle theft): Average/Brazil: 774.19
2. Vehicle Theft : Average/Brazil: 713.54 (per group of 100,000
vehicles)
3. Aggravated Vehicle Theft : Average/Brazil: 576.58 (per group
of 100,000 vehicles)
4. Assault: Average/Brazil: 500.88
5. Theft (excluding vehicle theft and theft resulting in death
of victim): Average/Brazil: 299.50
6. First Degree Murder: Average/Brazil: 23.52 (from these, 61.2%
were committed with the use of a firearm)
7. Sexual Assault: Average/Brazil: 7.13
8. Theft with Death of Victim: Average/Brazil: 0.94
9. Ransom Kidnapping: Average/Brazil: 0.14
It is clear
that crime is related to property, which is explained by the huge
economic gaps that exist in Brazil between rich and poor, which
leads to a high level of larceny and theft. Due to high crime
rates, according to the Center for Crime Studies at the Federal
University of Minas Gerais (2002) 84.3% of Brazilians do not feel
safe when going out in large cities and 77.7% adopt some type
of measure to avoid being the victim of violence when leaving
home. It is estimated that the annual economic losses resulting
from the commission of crimes, direct or indirect - such as the
decrease in the number of tourists, foreign investment and consumption,
and workdays lost - run around 10% of the country's GDP.
Police
Profile
Background and Demographics
Historically, the Brazilian police have been linked to the armed
forces and to the ideological tendencies of the administration
in power. According to information available in Alerta Geral—violência,
criminalidade e segurança pública no Brasil (General
Alert—Violence, Crime and Public Safety in Brazil, 2003),
from the transition from a monarchy to a republic in 1889, the
history of law enforcement is divided into several periods, reflecting
the position adopted by police officers in fighting criminals
in different times in history. Until 1893, the police were used
as a military force, primarily to assist army brigades. From 1894
to 1930, the police were used in regional political struggles
to fight local revolutionary movements. From 1930 to 1945, the
police were used as an instrument to repress political opposition.
From 1946 to 1964, the state police were strengthened, with intensified
investment in arms to preserve each states' interests. The police
were used primarily as an instrument of political repression from
1964 to1985. Since 1985, the police have been primarily focused
on combating the overall increase in crime.
Organizational
Description and Functions
According to the Federal Constitution of 1988, law enforcement
in the streets is performed countrywide by the so-called 'military
police', a state-run force whose structure varies from state to
state. Brazil has 358,166 military police officers, i.e., 211.3
for every 100,000 inhabitants, who are paid wages that can vary
from US$2,950.00 to US$5,350.00 annually, depending on the state.
These are the salaries for those named 'soldiers', which is the
initial position in their carrier and increases are given as the
police officer goes up in rank. Entrance is made by a public selection
process in which it is required that the candidate complete at
least middle school and passes a series of exams. It is also required
a clear criminal record. Training after selection lasts from 10
to 12 months, depending of the State. State troopers, responsible
for patrolling state highways, are part of the Military Police.
The country
also has a number of "civil" police forces, which are
also state entities and perform their duties in police precincts.
They are responsible for investigating and turning cases over
to state prosecutors for indictments to be presented to state
judges. Their members, according to the data available through
the National Secretary for Public Safety are 102,554, that is,
60.5 for every group of 100,000 inhabitants countrywide and the
initial pay, form of entrance and training are similar to those
of military police.
The Federal
Police are charged with dealing with federal cases, investigating
all crimes in which federal interest is involved and, subsequently,
referring the case to federal prosecutors. According to 2003 numbers
provided by the Federal Police itself, there are 7,403 federal
police officers in action throughout Brazil and annual salaries
vary from US$19,310.20 (beginning officers) to US$43,376.73 ('police
chiefs'). These officers have to have a college degree and, after
passing intellectual and psychological exams are submitted to
a training program, which varies from 4 to 8 months at the National
Police Academy in Brasilia, Federal District, provided they do
not have a police record.
Brazil also has a federal Highway Police Department, responsible
for patrolling the country's federal highways, repressing crime
and guiding traffic in these locations. Currently, 7,300 police
troopers are in action, with an annual beginning pay of US$ 17,017.00
for all troopers. The selection process follows the same standards
as for the other police carriers. It is required that future officers
have completed middle school at a minimum.
Brazil does
not have a municipal police force. There is, however, the so-called
Municipal Guards, whose duties are to provide security in schools,
public building and parks and to conduct traffic. There are 60,000
municipal guards in the country and their wages are around US$3,100.00
annually.
The organization
of police forces varies from state to state. Military police forces
adopt a structure similar to that maintained by the army, having
ranks such as soldiers, lieutenants, sergeants, captains, majors
and colonels. For the last four ranks, a four-year program at
the Police Academy is required. Salaries are substantially higher
than those of lower rank officers and, in the majority of the
states, salaries of the last two ranks are close to that of state
prosecutors. They command the police organization, planning actions
and determining how they are executed by police officers on the
beat. The duty of the police force is basically to maintain order
in society and to take preventive action. It is the police force
in uniform. When a crime takes place, and after the suspect has
been detained, he/she is taken to a civil or federal police station,
depending on whether the crime is of state or federal interest.
Subsequently, they go back to the streets.
Civil police
forces in each state are made up of investigators and police chiefs,
who act as supervisors.
The federal police have a similar structure. Federal police officers
are generally recognized for their efficiency and capability in
quickly resolving cases that are referred to them. Therefore,
they are often called upon to investigate complex cases, even
at the state level, by specific order of the Minister of Justice.
These two
police forces are called judiciary police forces, since they work
closely with public prosecutors in order to find evidence against
suspects and later present them to judges. The existing procedure
for this is called a "police inquiry." Police officers
must conduct investigations as specifically dictated by law. At
the conclusion of an investigation, summarizing documents are
sent to the Ministry Justice. There is a series of formalities
that must always be followed by police officers during the course
of an investigation and, without them, the investigation is not
accepted by a judge.
Highway patrol
forces perform their duties on the highways and, when a crime
comes to their attention on these roads, they detain the suspect
and send them to a federal or civil (state) police station, depending
on whether it is federal or state jurisdiction respectively.
Training
Training of law enforcement officers is provided by police academies.
Curriculum has always varied according to the historical climate
in the country. Thus, in authoritarian periods it was centered
on political and military issues, focusing on guerrilla groups
and opposition to the regime in power at the time. Currently,
and since Brazil abandoned a totalitarian military regime in 1985,
it has been investing in improving the teaching of law enforcement
techniques, of cordiality and support to citizens, who is seen
as a police officers partner and not as a potential enemy to 'national
security', as occurred until then. In addition, notions of human
rights are also being introduced in police academy curricula throughout
the country in order to drastically reduce police violence which,
unfortunately, still exists in certain places, certainly fruit
of a misguided culture ever present since the middle of the twentieth
century that a good police officer shows force and raises fear
in their fellow citizens by their potential for violence.
Internal
and external mechanisms exist to control Brazilian police forces,
and to prevent and punish abuses eventually committed by law enforcement
in the exercise of their duties. The internal mechanisms are the
Internal Affairs Divisions, which are an integral part of the
force itself. These internal entities conduct the investigation
of reports of corruption, assault and battery, tortures and other
reported improper behavior, by victims as well as citizens, in
many instances by anonymous telephone calls. In this respect,
the federal administration implemented the "dial-torture"
program, consisting of a free call line for abuses committed by
any police officer anywhere where they are reported in the country.
Externally, since the federal Constitution was implemented in
1988, public prosecutors have been placed in charge of controlling
police work, overseeing actions of police forces and preventing
abuses in law enforcement. Undoubtedly, it is a device that needs
to be perfected so that it can solidify as quickly as possible
due to its relevance.
Police
Use of Firearms
The weapons most commonly used by the police forces are the 38-caliber
revolver, the 9mm machine gun, the 40-caliber pistol, the 30-caliber
riffle, and the 7.62-caliber shotgun. However, this varies from
state to state and also depends upon the police force in question,
since elite groups for example, may use more sophisticated weapons
for special actions.
Terrorism
and International Cooperation
There is no evidence of the formation of any known terrorist cells
in Brazil. However, the activities of some domestic crime organizations
such as the "Red Command", the "Third Command"
and the "First Command of the Capital", pose challenges
to the Brazilian police community. These organizations engage
in drugs and arms trafficking, extortion, money laundering and
theft.
International
police cooperation has been increasingly strengthened through
the promotion of workshops bringing together police organizations
from other countries and sending Brazilian law enforcement officers
to conduct improvement courses in other countries. Cooperation
is more evolved in relation to the other countries of South America,
the United States, Germany, and Australia.
In terms
of improvement, it is important to note that valuing police work
in Brazil is very recent and started to improve after the implementation
of the Federal Constitution of 1988, where a program of increase
in police pay was started, especially the Federal Police and high
rank positions within state police, reequipping and professional
training. However, the country is resentful of years of lack of
investment in improving police work and, without a doubt, it will
still take decades so that new investigation methods, based on
the respect for human rights and investment in technology and
intelligence be actually understood as being crucial for police
officers and for society itself so that one can confront criminals
effectively. In 2000, the Minister of Justice implemented the
National Secretary for Public Safety, which coordinates all actions
in Brazil related to public security involving state as well as
federal law enforcement agencies, in addition to heads of the
correctional system with the aim of integrating all law enforcement
agencies in the country, and thus, to modernize them and fight
crime more efficiently. For this purpose, the Secretary had available
in 2003 a budget of US$131,000,000.00, complementing budgets of
each one of the States. A detailed National Public Security Plan
was also prepared and in 2003 the Unified Public Security System
began to be implemented by means of which police action in Brazil
will be unified, lessening regional differences. Formally all
States in Union have joined this system, and the implementation
phase is underway. After its conclusion, the country intends to
have a police that is better equipped, trained and using standard
procedures in all states.
Police
Education, Research and Publication
Publications involving law enforcement issues in Brazil originate
in Police Academy classrooms and workshops promoted by police
forces. Such publications are generally produced by official law
enforcement agencies, with some university research centers dedicated
to the issue and private organizations having a significant role
as well.
The following are notable law enforcement research, teaching,
and statistics organizations:
Center for Crime Studies and Public Safety, Federal University
of Minas Gerais
http://www.est.ufmg.br
Brazilian Institute for Crime Sciences
http://www.ibccrim.org.br
Laboratory for Studies on Violence
http://www.cfh.ufsc.br/~raiva/raiva.html
Boletim Conjuntura Criminal
http://www.conjunturacriminal.com.br
São Paulo Foundation Against Violence
http://www.spcv.org.br/info/brasil.htm
Center for Studies on Violence at the University of Sao Paulo
http://www.nev.prp.usp.br
Department of Political Science at the University of Sao Paulo
http://www.fflch.usp.br/dcp
The following
is a list of police departments and other law enforcement agencies:
Ministry of Justice of Brazil—National Secretary for Public
Safety
http://www.mj.gov.br/senasp
Civil and Military Police in Brazil
http://www.mj.gov.br/senasp/senasp/inst_sspestados.htm
Federal Police Department
http://www.dpf.gov.br
Federal Highway Patrol Department
http://www.dprf.gov.br
-Marcos
Josegrei da Silva
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