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CONCEPT Human rights are "rights and freedoms to which all humans are entitled.

Proponents of the concept usually assert that all humans are endowed with certain entitlements merely by reason of being human.[2] Human rights are thus conceived in a universalist and egalitarian fashion. Such entitlements can exist as shared norms of actual human moralities, as justified moral norms or natural rights supported by strong reasons, or as legal rights either at a national level or within international law.[3] However, there is no consensus as to precise nature of what in particular should or should not be regarded as a human right in any of the preceding senses, and the abstract concept of human rights has been a subject of intense philosophical debate and criticism. HISTORICAL BACKGROUND The modern conception of human rights developed in the aftermath of the Second World War, in part as a response to the Holocaust, culminating in the signing of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. However, while the phrase "human rights" is relatively modern the intellectual foundations of the modern concept can be traced through the history of philosophy and the concepts of natural law rights and liberties as far back as the city states of Classical Greece and the development of Roman Law. The true forerunner of human rights discourse was the enlightenment concept of natural rights developed by figures such as John Locke and Immanuel Kant and through the political realm in the United States Bill of Rights and the Declaration of the Rights of Man and of the Citizen. Although ideas of rights and liberty have existed for much of human history, it is unclear how much such liberties can be described as "human rights" in the modern sense. The concept of rights certainly existed in pre-modern cultures; ancient philosophers such as Aristotle wrote extensively on the rights (to dikaion in ancient Greek, roughly a "just claim") of citizens to property and participation in public affairs. However, neither the Greeks nor the Romans had any concept of universal human rights; slavery, for instance, was justified both in ancient and modern times as a natural condition.[5] Medieval charters of liberty such as the English Magna Carta were not charters of human rights, let alone general charters of rights. They instead constituted a form of limited political and legal agreement to address specific political circumstances, in the case of Magna Carta later being mythologised in the course of early modern debates about rights.[6] Much of modern human rights law and the basis of most modern interpretations of human rights can be traced back to relatively recent European history. The Twelve Articles of the Black Forest (1525) are considered to be the first record of human rights in Europe. They were part of the peasants' demands raised towards the Swabian League in the Peasants' War in Germany. The British Bill of Rights (or ³An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown´) of 1689 made illegal a range of oppressive governmental actions in the United Kingdom. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the adoption of the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of

In Western Europe and North America. among them the African American Civil Rights Movement. This was achieved in the British Empire by the Slave Trade Act 1807 and the Slavery Abolition Act 1833. diplomacy and improving global welfare. Movements by long-oppressed racial and religious minorities succeeded in many parts of the world. The League's goals included disarmament. assuring full citizenship and civil rights to all people born in the United States. These included the 13th amendment. human rights became a central concern over the issue of slavery. During the reconstruction period immediately following the war. Conflict and debates over the expansion of slavery to new territories culminated in the southern states' secession and the American Civil War. W. The women's rights movement succeeded in gaining for many women the right to vote. . establishing minimum work conditions and forbidding or regulating child labour. The establishment of the International Committee of the Red Cross. worked towards the abolition of slavery. preventing war through collective security. These were followed by developments in philosophy of human rights by philosophers such as Thomas Paine. many northern states abolished their institution of slavery by the mid 19th century. several amendments to the United States Constitution were made. guaranteeing African Americans the right to vote. F. to be further developed following the two World Wars. the Virginia Declaration of Rights of 1776 encoded a number of fundamental civil rights and civil freedoms into law. labour unions brought about laws granting workers the right to strike. In the United States. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. The United Nations has played an important role in international human rights law since its creation. The World Wars. National liberation movements in many countries succeeded in driving out colonial powers.which established certain legal rights. A number of reformers such as William Wilberforce in Britain. Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The term human rights probably came into use sometime between Paine's The Rights of Man and William Lloyd Garrison's 1831 writings in The Liberator saying he was trying to enlist his readers in "the great cause of human rights"[7] In the 19th century. and more recent diverse identity politics movements. and the 15th amendment. and the huge losses of life and gross abuses of human rights that took place during them were a driving force behind the development of modern human rights instruments. the Allied Powers agreed to create a new body to supplant the League's role. although southern states were still very much economically dependent on slave labour. the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law. John Stuart Mill and G. At the 1945 Yalta Conference. settling disputes between countries through negotiation. Hegel during the 18th and 19th centuries. 14th amendment. This body was to be the United Nations. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I. banning slavery. Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. on behalf of women and minorities in the United States. Additionally.

or humanitarian character. Article 1(3) of the United Nations charter set out one of the purposes of the UN is to: "[t]o achieve international cooperation in solving international problems of an economic. excessive force. discrimination against black and indigenous persons. As in may 2010. sex. However. statutes and laws. The following human rights problems were reported: unlawful killings. Police violence is often reacted to by local communities and trafficking groups with . The Constitution of Brazil is the supreme law of Brazil. or religion". however. the International Covenant on Civil and Political Rights and the International Covenant on Economic. composing the Universal Declaration of Human Rights.[8] The rights espoused in the UN charter would be codified in the International Bill of Human Rights. including sexual abuse. prolonged pretrial detention and inordinate delays of trials. 1988.195 people in the State of Rio de Janeiro alone. The problem of urban violence focuses on the perpetual struggle between police and residents of high crime favelas such as the areas portrayed in City of God. and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race. and torture of detainees and inmates by police and prison security forces. In the same year 45 police officers were killed. According to Global Justice. serious abuses. violence against children. there continued to be numerous. The federal government generally respected the human rights of its citizens. there are serious issues in regard to human rights abuses. Human rights violators often enjoyed impunity POLICE VIOLENCE Police violence is one of the most internationally recognized human rights abuses in Brazil.Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law. beatings. social. violence and discrimination against women. by the 1988 Constituent Assembly. it has been amended 64 times. reluctance to prosecute as well as inefficiency in prosecuting government officials for corruption. and now has 250 articles. and the records of several state governments were poor. in 2003. Police response in many parts of Brazil is extremely violent. inability to protect witnesses involved in criminal cases. Social and Cultural Rights BRAZILIAN CONSTITUTION Human rights in Brazil are legally protected by the Brazilian Constitution. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of the Brazil. harsh prison conditions. and child labor in the informal sector. cultural. to citizens. failure to enforce labor laws. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states. language. including summary execution and torture of suspects. trafficking in persons. widespread forced labor. abuse. the police killed 1. Modern international conceptions of human rights can be traced to the aftermath of World War II and the foundation of the United Nations. and to all people within the Brazil. The Constitution was ratified on October 5.

and labor compared with a total of 25 such killings in 2007. However. Unofficial estimates show there are over 3. The São Paulo State Secretariat for Public Security reported that São Paulo state police (civil and military) killed 340 civilians in the state from January to September. a 12 percent decrease over the same period in 2007. According to a UN report released in September.demonstrations and violent resistance. Some police accused of killing suspects lacked the training and professionalism to manage deadly force.260 civilian deaths in Rio de Janeiro State in 2007. knowledge.000 deaths annually from police violence in Brazil. and 400 cases remained for the Amnesty Commission to analyze. according to Human Rights Watch. in some cases with police participation. There are constant complaints of racism. . There were also no developments regarding the 2007 Chamber of Deputies' Human Rights Committee request that the government seize documents to determine the circumstances of military regime political prisoner deaths and the locations of their remains a. Most of these killings occurred during "acts of resistance. Statistics released by the Rio de Janeiro State Secretariat for Public Security showed 911 persons killed as a result of police confrontations from January through September. The Catholic Church's Pastoral Land Commission reported preliminarily that during the year there were 18 confirmed killings related to disputes over land. but unlawful killings by state police (military and civil) were widespread. water. There were no developments in the disappearance cases that occurred during the 1964-85 military dictatorship. causing escalation and multiplying victims. Death squads with links to law enforcement officials carried out many killings. Killings by police occurred for various reasons. Reports of killings by Rio de Janeiro police decreased during the year under a new state security strategy. Not all states record police killings or keep accurate statistics. compared with 315 during the same period in 2007.940 persons "disappeared". local human rights groups reported the existence in several states of organized death squads linked to police forces that targeted suspected criminals and persons considered problematic or undesirable by land owners. executions and disappearances. Credible. In many cases police officers employed indiscriminate lethal force during apprehensions. or acquiescence of state law enforcement officials. The Rio de Janeiro Institute for Public Security reported that police killed an average of four persons per day during 2007. the center believed many were killed by police. observers believed that it could take years to resolve such cases. abuses. On other occasions the police behaved as criminals. Amnesty International (AI) and other credible sources stated that such killings often occurred with the participation. Arbitrary or Unlawful Deprivation of Life The federal government or its agents did not commit politically motivated killings. In some cases civilian deaths followed severe harassment or torture by law enforcement officials. torture. Confrontations with heavily armed criminals resulted in shoot-outs. the Center of Studies of Security and Citizenship estimated that in 2006 approximately 1. Cases involving extrajudicial executions were either under police investigation or before the state courts. police clashes resulted in 1. There were no reports of politically motivated disappearances." the UN report commented.

including a state deputy.e. primarily in the city's poorer northern section. Following intense media attention. In January in Rio de Janeiro. and suspended the guards for 30 days. and state and municipal legislators. In January in Sao Paulo. On August 5. police clashes resulted in 1. at year's end they remained in prison. In response the government withdrew the federal troops (who had been deployed to provide security for a mayoral candidate's social project). According to a UN report released in September. According to the Rio de Janeiro-based nongovernmental organization (NGO) Global Justice (GJ). The Rio de Janeiro Institute for Public Security reported that police killed an average of four persons per day during 2007. He had been detained by police in May 2007 during a raid on the outskirts of Guarulhos. Residents of the city's more than 800 favelas (shantytowns). Most of these killings occurred during "acts of resistance. compared with 315 during the same period in 2007. According to reports.Numerous credible reports indicated the continuing involvement of state police officials in revenge killings and the intimidation and killing of witnesses involved in testifying against police officials. The Sao Paulo State Secretariat for Public Security reported that Sao Paulo state police (civil and military) killed 340 civilians in the state from January to September.and off-duty police. the most acute human rights problems involved indiscriminate use of force. . but no trial date had been set. the Rio de Janeiro State legislature opened an inquiry into the role of militias that uncovered extensive links among corrupt police officers. observers believed that it could take years to resolve such cases. Cases involving extrajudicial executions were either under police investigation or before the state courts. federal military troops were involved in abducting the boys and selling them to the rival gang in Morro da Providencia favela. AI claimed that Rio de Janeiro law enforcement continued to be characterized by large-scale operations in which heavily armed police units "invaded" favelas. Reports of killings by Rio de Janeiro police decreased during the year under a new state security strategy. were at increased risk given the frequency of police actions. was shot and killed on the street. were imprisoned. a 12 percent decrease over the same period in 2007. a body that had been buried in a cemetery for indigents was identified using DNA as that of 19-year-old Andre Lima de Araujo. by both on. At year's end no further action had been taken. militia members. A police investigation identified three officers involved in the crime. reportedly from brain trauma and hemorrhaging.260 civilian deaths in Rio de Janeiro State in 2007. As a result several militia leaders. 17-year-old Andreu Luis da Silva Carvalho was beaten to death at the Padre Severino Youth Detention Facility after being taken into custody for petty theft.. three teenagers were reportedly killed by a rival drug trafficking gang. AI added that few killings were effectively or independently investigated and that perpetrators were seldomly prosecuted successfully. more than two million persons) lived. where an estimated one-third of the population (i. At year's end the case remained under investigation. who was investigating the participation of police officers in extrajudicial killings. In Rio de Janeiro. impunity and nonaccountability for police actions were serious problems in the metropolis." the UN report commented. Statistics released by the Rio de Janeiro State Secretariat for Public Security showed 911 persons killed as a result of police confrontations from January through September. In June in Rio de Janeiro. Authorities investigated the death. Colonel Jose Herminio Rodrigues.

Vitalmiro "Bida" Bastos Moura. and the officers remained free awaiting trial. According to state officials. the sixth accused remained under investigation and relieved of duty. On June 9. Barbon had investigated numerous cases involving corruption by state officials. sentenced to more than 20 years. and their 19-year-old son in their Salvador home remained open. However. the president signed into law a bill that eliminated automatic retrial for defendants. Sao Paulo State. Rio de Janeiro. Rodson da Silva Rodrigues. May. Rayfran das Neves Sales. at year's end they remained in custody awaiting trial. On December 26. along with 16 NGOs in the state. and September 2007 remained under investigation at year's end. as part of an investigation into whether he forged titles to land where the nun was killed. a Para State court found him guilty of the 2005 murder and sentenced him on May 6 to 28 years in prison. convicted in 2007 of the 2005 murder of Catholic nun Dorothy Mae Stang. all the deaths occurred in police confrontations.During the year there were reports of multiple killings (called chacinas) in Sao Paulo State. like Bastos. The five were freed pending trial. the confessed killer in 2005 of environmentalist Dionisio Julio Ribeiro Junior. In December the Military Police Command expelled five of six police officers accused of torturing and killing a 15-year-old the preceding December in Bauru. authorities detained Regivaldo Galvao. due to lack of evidence. and none were expected. including many civilians and bystanders. often drug-related and suspected to involve the police. After a jury trial in March. On May 6 after a required retrial. There were no known developments. . two of whom died. in the investigations of the June 2007 joint operations in Rio de Janeiro's favelas (Complexo do Alemao and Vila Cruzeiro) by state police and national military forces that resulted in numerous deaths and injuries. In November his widow reported that she and her children were being followed and harassed by persons linked to her husband's alleged killers. Authorities did not charge the suspected police officers but reportedly reassigned them to administrative duties. a Rio de Janeiro State court set free Leonardo Marques. was found not guilty. in the 2006 cases of the four police officers arrested for participating in death squad operations in Baixada Fluminense. the killing of Sergio Bezerra do Nascimento in Favela Acari in Rio de Janeiro. There were also no known developments in the case of 13 Pernambuco State military police officers charged in 2006 with torturing 14 adolescents. There were no known developments. Despite allegations from the family that military police had tortured some of the victims three weeks prior to the killings. Sao Paulo. The investigation of the August 2007 killings of Aurina Rodrigues Santana. the ongoing civil police investigation was hindered by the reluctance of witnesses to testify. Rio de Janeiro. or the killing of five persons by military police in Niteroi. After the confession by another defendant. and none were expected. also accused in the murder case. the president of the Rio de Janeiro State Bar Association's Human Rights and Juridical Assistance Committee. At year's end there were no developments concerning Sao Paulo law enforcement officials allegedly killing persons related to 2006 riots. Several such cases from February. The state government paid compensation to the victim's family. Four military police officers and a businessman were arrested in May for the killing of investigative journalist Luiz Carlos Barbon Filho in May 2007 in Porto Ferreira. including police involvement in gangs stealing freight from trucks on the highway. according to a police report. reported to the Organization of American States that summary executions may have occurred during the operations.

no charges were brought.000) to purchase less lethal weapons for the police arsenal and a state initiative to provide more officer training on procedures during confrontations. the constitution provides for calling them into active military service in the event of an emergency. charged with five other military police officers for creating a paramilitary group to kill landless rural workers in Parana State. militia groups often start as off-duty and former law enforcement officers taking community policing into their own hands. State authorities estimated that militias have taken over nearly 100 favelas from drug trafficker control. many militia groups come to resemble drug trafficker groups in intimidating residents and conducting illegal activity such as extorting protection money. In the favelas. the son of a Rio de Janeiro city council member who was jailed in 2007 for organizing illegal militia activity in the same area. b. remained free while awaiting trial. and they maintain some military characteristics and privileges. and providing pirated utility services. However. and it limits arrests to those caught in the act of committing a crime or arrested by order of a judicial authority. The number of militias with police participation continued to increase in Rio de Janeiro. especially against those accused of rape or other crimes that went unpunished in favelas due to the absence of state or local security agents. Lynching by mobs or vigilante groups was common in some regions. Arbitrary Arrest or Detention The law prohibits arbitrary arrest and detention. imposing tribute fees. over a three-year period. is small. regarding the case of eight military police arrested in 2005 on suspicion of participating in a death squad involved in at least 26 killings in Natal. Most police forces fall under the control of the states. police continued at times to arrest and detain persons arbitrarily. operating under Ministry of Justice oversight. where they are divided into two distinct units: The civil police are plainclothes officers with an investigative role. To reduce the number of deaths resulting from police confrontations.25 million reais (approximately $500. and plays a minor role in routine law enforcement. Rio Grande do Norte. however. In August a militia group called the "Justice League" was believed to have killed seven residents in Rio de Janeiro's Barbante favela. 17 militia members entered the community and shot individuals at random in an attack reportedly orchestrated by former military police officer Luciano Guinancio. including a separate judicial system. Three other active-duty military police officers were suspected of involvement.Former military police lieutenant colonel Waldir Coppetti Neves. mostly in the city's west. the Rio de Janeiro State Public Secretary announced a state budget item of approximately 1. Punishing police involved in militia activity was difficult due to solidarity and fear of reprisals. However. There were two convictions of Rio de Janeiro military police officers during the year for killings in the so-called "Baixada Massacre" of 2005. Arrest and Detention . due to a lack of evidence. while the military police are uniformed officers charged with maintaining order and preventing crime. Although the individual state governments control their respective military police forces. Police often did not conduct operations in communities dominated by militias. Role of the Police and Security Apparatus The Federal Police. and none was expected. According to the State Secretariat for Public Security. There continued to be no information. primarily investigative.

EXEMPLOS: O motoboy Eduardo Luís Pinheiro dos Santos morreu após ser espancado. This can be renewed under specific circumstances. Suspects must be advised of their rights at the time of arrest or before being taken into custody for interrogation. Um dia após nove policiais militares terem sido presos administrativamente pela Corregedoria da Polícia Militar. coronel Álvaro Batista Camilo. and defendants facing charges on all but the most serious crimes had the right to a bail hearing. In practice the backlog in the courts almost always resulted in extending the period for charging defendants. The law permits provisional detention for up to five days under specified conditions during a police investigation. The use of force during an arrest is prohibited unless the suspect attempts to escape or resists arrest. Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. Occasionally detainees-typically poor and uneducated--were held longer than the provisional period. fez uma defesa enfática dos direitos humanos. although this period may be extended. . os suspeitos foram levados para o batalhão da PM ao invés de irem para a delegacia. Nos depoimentos prestados à Corregedoria da PM. which is defined on a case-by-case basis. mas não resistiu aos ferimentos. In general prison authorities allowed detainees prompt access to a lawyer.With the exception of arrests of suspects caught in the act of committing a crime. equal to the number for the same period in 2007. sob suspeita de tortura e morte de um jovem na zona norte de São Paulo. Bail was available for most crimes. Ferreira Pinto também declarou que não tem dúvidas de que a morte do motoboy foi resultado das torturas que ele sofreu de policiais militares. Detainees were also allowed prompt access to family members. na noite de 9 de abril. The law does not provide for a maximum period for pretrial detention. O secretário de segurança pública Antônio Ferreira Pinto determinou que as polícias Militar e Civil façam a mais rigorosa apuração dos fatos na esfera administrativa e penal. a vítima foi encontrada caída no chão por outros policiais na esquina da rua Voluntários da Pátria com a avenida Brás Leme. but a judge may extend this period. por volta da meia-noite. também na zona norte. arrests must be made with a warrant. Detainees generally were informed promptly of the charges against them. Time in detention before trial is subtracted from the sentence. Segundo a corregedoria da PM. Other defendants must be charged within 45 days. todos disseram que a vítima foi morta depois que deixou as dependência da 1ª companhia do 9º batalhão localizado no bairro Casa Verde. A judge may also order temporary detention for an additional five days for paperwork processing. indigent detainees had the right to a lawyer provided by the state. o comandante geral da PM. O homem foi levado a um hospital da região. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Human rights observers stated that civil and uniformed police regularly detained persons illegally to extort money or favors. Between January and September. Preventive detention for an initial period of 15 days is permitted if police have indications that a suspect may leave the area. No mesmo dia. Horas antes. the Sao Paulo State Ombudsman's Office received one complaint of extortion. ele havia sido detido com outras três pessoas pelos policiais que foram atender uma ocorrência de furto de bicicleta na esquina da rua Maria Curupaiti com a avenida Casa Verde (zona norte de São Paulo). Os nove policiais militares suspeitos de envolvimento na tortura e assassinato do motoboy negaram ter cometido o crime.

porque a Polícia Militar.[10] According to the Ministry of Justice. Camilo afirmou que "a PM trabalha dentro dos princípios morais. During the year 135 prisoners were involved in riots from January to June in federal prisons. There were several official complaints of overcrowding in Goiás.[10] Prison conditions throughout the country often range from poor to extremely harsh and life threatening. abuse and mistreatment by guards. http://andredemourasoares. In February the government's National Human Rights Secretariat (SEDH) acknowledged that torture existed in the country and related the problem to societal tolerance and c. na Escola Superior de Soldados.Ao discursar perante uma turma de novos soldados temporários da PM que se formaram na manhã desta sexta-feira (23). torture and killings by prison guards occur throughout the system. According to Global Justice.489 teenagers are in detention. in June there were 392. According to the National Penitentiary Department. Na solenidade. torture by police and prison guards remained a serious and widespread problem. there have been claims of gang affiliation being assigned. defendendo incondicionalmente os direitos humanos e individuais do cidadão. poor medical care. Abuse by prison guards. To deal with these problems. Beatings.com. Prison overcrowding results in a prominent occurrence of prison violence and murder as well as frequent revolts and escapes. Poor working conditions and low pay for prison guards encouraged widespread corruption. Living space. and severe overcrowding occurred at many facilities. Harsh or dangerous working conditions. a case of prison gang rape in Pará brought media attention to the condition of human rights in the Brazil prison system. like of the beating of two young suspects by two military police officers from the 4th Battalion in the city of Picos. Inhuman. perene em mais de 178 anos de existência.youtube. Prisons are overcrowded and unhealthy. and the number increased approximately 3. and prison rape is not uncommon. or Degrading Treatment or Punishment Although the constitution prohibits torture and provides severe legal penalties for its use. prison administrations often divide prison populations according to gang affiliation. 40 percent more than the system's design capacity. poor sanitary conditions.br/?p=2693 http://www. Prison officials often resorted to brutal treatment of prisoners. and a lack of medical care led to a number of deaths in prisons.279 prisoners incarcerated. food. Rio de Janeiro. éticos e dos bons costumes. Prisoners who committed petty crimes were held with murderers. including torture. Children are abused in the juvenile justice system.000 per month.000 inmates in the system. ele reforçou o que o comando geral da PM "espera de todos os profissionais formados o respeito incondicional às leis. and Minas Gerais states Torture and Other Cruel. Piauí.[11] Other cases. São Paulo. and cleanliness conditions are inhumane and bribery for privileges and transfers is rampant.com/watch?v=NQKW8oTRsoc&feature=related PRISONER VIOLENCE The Brazilian prison system is considered insolvent for a long time. have also made the headlines. preza por isso". 13. . official negligence. There are over 400. In December 2007. preservando e garantindo a liberdade e a democracia no Estado de São Paulo".

in June there were . The Rio de Janeiro military police officer. In Rio de Janeiro. but not two others (investigation and punishment of those responsible. and threatening to rape to extort money-remained free and continued to await a trial that at year's end was not scheduled. often began by taking community policing into their own hands. many of them off-duty and former law enforcement officers. Prisoners who committed petty crimes were held with murderers. Prison and Detention Center Conditions Prison conditions throughout the country often ranged from poor to extremely harsh and life threatening. taping of interrogations. official negligence. including the police chief of Osasco. and that the government had failed to prevent and punish said acts--and also made four recommendations. While militia members. which includes the installation of cameras in prisons and penitentiaries. Poor working conditions and low pay for prison guards encouraged widespread corruption. After various exchanges the IACHR announced on July 18 that the government had fulfilled one recommendation (training police on humane treatment). Federal. According to the National Penitentiary Department. Prison officials often resorted to brutal treatment of prisoners. torture. Police continued to abuse transvestite prostitutes in Rio de Janeiro. During the year an additional state (for a total of 13 of 26) adopted the National Plan for the Prevention and Control of Torture. and reversal of the presumption of innocence for those accused of torture. and a lack of medical care led to a number of deaths in prisons. compensation of the victim). which rarely resulted in punishment (see section 5 Other Societal Abuses and Discrimination).the fear of retaliation. and Salvador. as in other cases of abuse. according to the NGO Bahia Gay Rights Group. many intimidated residents and conducted other illegal activity. and military police often enjoyed impunity in cases of torture. Sao Paulo--charged in 2007 with theft. poor sanitary conditions. degrading treatment. and that one remained pending (investigation of possible negligence of authorities). Harsh or dangerous working conditions. and released two O Dia newspaper investigative journalists in Rio de Janeiro's Batan favela. extortion. Police routinely investigated such allegations. Abuse by prison guards. In October 2007 the Inter-American Commission on Human Rights (IACHR) adopted several findings in a case originated in 1998--that authorities had violated the rights of Antonio Ferreira Braga by illegally arresting and torturing him in 1993 in Ceara State. Belo Horizonte. and severe overcrowding occurred at many facilities. the Sao Paulo State Ombudsman's Office received five complaints of torture by police. was assigned command of the 38th Military Police Battalion in Tres Rios. state. including torture. poor medical care. The nine police officers. compared with seven during the same period of 2007. beating. tortured. when they were discovered living there undercover to investigate militias. abuse and mistreatment by guards. militia members reportedly continued to use physical abuse. and torture to spread fear and establish control over favela residents. During the first half of the year. who publicly defended the use of torture in 2007 and was subsequently transferred. In May militia members reportedly kidnapped.

In January eight prisoners died in a prison fire in Minas Gerais State when a guard left his post and no one else had keys to the facility.000 per month. confined to cells built for 12 persons. The report also revealed that prison overpopulation in Bahia led to the use of 20 temporary containers to hold more than 150 prisoners at the Mata Escura facility in Salvador. and the number increased approximately 3. which authorities began implementing. although health care improved in response to human rights organization requests.279 prisoners incarcerated.000 prisoners.000 adults. Rio de Janeiro. increasing the risk of mistreatment and torture. pretrial detainees were often held together with convicted prisoners due to overcrowding. approximately 30 percent above design capacity. After an investigation determined that the containers were infested with rats and cockroaches and not properly ventilated. Sentences are to be comprehensively reevaluated based on prison space availability. spoiled food. Sao Paulo. to improve conditions for its 23. The state's criminal justice system as a whole continued to sentence more defendants to prison or detention each month than it released. the state civil police investigation resulted in indictments of 23 individuals for allowing weapons into the facility and failing to respond adequately to the incident. In February prisoners in Minas Gerais complained of rats and scabies in the jail. Goias State. In January prisons in Sao Paulo State held nearly 152. remained in precarious condition. The ministry also reported that penitentiary construction continued but did not alleviate overcrowding. a former men's facility remodeled to accommodate female prisoners. The state also began implementing its plan to remove military police officers from prison duty and replace them with 240 civilians. elsewhere. Thirty inmates occupied a 320-square-foot space without exposure to sunlight and suffered from untreated injuries. In August the state Court of Justice released a plan. with a pilot project in the Placido Sa Carvalho and Carlos Tinoco da Fonseca prisons. and Minas Gerais states. The Catholic Church's Ministry for the Incarcerated in Sao Paulo State reported that authorities used police stations in the state capital as prisons. 40 percent more than the system's design capacity. During the year 135 prisoners were involved in riots from January to June in federal prisons.392. The Women's Penitentiary of Santana in Sao Paulo. In Rio de Janeiro. were obliged to alternate sleeping schedules. In the August 2007 gang dispute and resultant fire in an overcrowded jail in Ponte Nova. Overcrowding made bathroom facilities unusable. A congressional investigative report presented in June described conditions in the Contagem prison in Minas Gerais where 70 prisoners. and trial delays for lack of public defenders. Minas Gerais. which killed 25 inmates. complained of overcrowding (120 inmates in a jail with capacity for 37). authorities prohibited their use. Male . Many inmates were also held beyond their sentences. women were held with men in some facilities. Also in February prisoners in Aguas Lindas. There were several official complaints of overcrowding in Goias. Rio de Janeiro and Sao Paulo states and the Federal District provided separate prison facilities for women.

It is government policy to permit prison visits by independent human rights observers. NGOs confirmed improvements in the Sao Paulo State juvenile detention system during the year. Role of the Police and Security Apparatus The Federal Police. GJ found access difficult. the Sao Paulo State's Office for the Defense of Children and Youth reported that there were no longer any juvenile criminals incarcerated with adults within the state. however. concluded in March with indictments of 12 persons. Under court order the state's Foundation House (formerly FEBEM) provided new facilities for them. operating under Ministry of Justice oversight. Having obtained judicial authorization to enter juvenile detention facilities in Sao Paulo. and it limits arrests to those caught in the act of committing a crime or arrested by order of a judicial authority. and plays a minor role in routine law enforcement. where they are divided into two distinct units: The civil police are plainclothes officers with an investigative role. d. In the states of Sao Paulo and Rio de Janeiro. in practice this policy often was not followed. Arbitrary Arrest or Detention The law prohibits arbitrary arrest and detention. and increased focus on guard and staff training and performance.officers who served in women's prisons often abused and extorted the prisoners for sexual favors. Media reported that throughout the country adolescents were jailed with adults in prison units without bathrooms and in inhumane conditions. led to indictments in November 2007 and the transfer of many of the prisoners to the penitentiary in Andrades. overcrowding often required holding convicted criminals in pretrial detention facilities. Insufficient capacity in juvenile detention centers was widespread. however. in which a 15year-old girl was held for a month in a police cell with at least 20 men who repeatedly abused her sexually. Para. In addition abuses continued in municipal jails and detention centers throughout the country. GJ representatives reported that they are commonly denied access to detention facilities and that their level of access to prisons varied. TV Globo reported that one adolescent was killed and several injured in riots. Rio de Janeiro. is small. police continued at times to arrest and detain persons arbitrarily. including 10 police officers. The investigation into September 2007 reports of prisoners being forced to be sex slaves and have their actions recorded on camera in a prison in Santa Rita de Caldas. replacement of large complexes with smaller units. Minas Gerais. primarily investigative. while the military police are . In the Federal District. Minas Gerais. However. including construction of more modern facilities. one juvenile detention center did not meet the requirements and recommendations established by the National Socio-Educational System and the Statute of the Child and Adolescent. human rights advocates reported an improvement in their general conditions. While authorities attempted to hold pretrial detainees separately from convicted prisoners. Foundation House continued slowly dismantling the large out-of-date Frano da Rocha detention center that was the scene of inmate violence. a decreased number of incarcerated juvenile criminals. The investigation into the November 2007 incident in Abaetetuba. particularly in the Ary Franco prison in Agua Santa. Most police forces fall under the control of the states.

militia groups often start as off-duty and former law enforcement officers taking community policing into their own hands. the constitution provides for calling them into active military service in the event of an emergency. Detainees generally were informed promptly of the charges against them. no charges were brought. and providing pirated utility services. Arrest and Detention With the exception of arrests of suspects caught in the act of committing a crime. Suspects must be advised of their rights at the time of arrest or before being taken into custody for interrogation. The law permits provisional detention for up to five days under specified conditions during a police investigation. According to the State Secretariat for Public Security. 17 militia members entered the community and shot individuals at random in an attack reportedly orchestrated by former military police officer Luciano Guinancio. In August a militia group called the "Justice League" was believed to have killed seven residents in Rio de Janeiro's Barbante favela. Occasionally detainees--typically poor and uneducated--were held longer than the provisional period. but a judge may extend this period. the Rio de Janeiro State Public Secretary announced a state budget item of approximately 1. mostly in the city's west. although this period may be extended. However. The number of militias with police participation continued to increase in Rio de Janeiro. Punishing police involved in militia activity was difficult due to solidarity and fear of reprisals. imposing tribute fees. The use of force during an arrest is prohibited unless the suspect attempts to escape or resists arrest. Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. There were two convictions of Rio de Janeiro military police officers during the year for killings in the so-called "Baixada Massacre" of 2005.25 million reais (approximately $500. To reduce the number of deaths resulting from police confrontations. However. In the favelas. Police often did not conduct operations in communities dominated by militias. the son of a Rio de Janeiro city council member who was jailed in 2007 for organizing illegal militia activity in the same area. including a separate judicial system.000) to purchase less lethal weapons for the police arsenal and a state initiative to provide more officer training on procedures during confrontations. and they maintain some military characteristics and privileges. In practice the backlog in the courts almost always resulted in extending . Three other active-duty military police officers were suspected of involvement. Although the individual state governments control their respective military police forces. This can be renewed under specific circumstances. State authorities estimated that militias have taken over nearly 100 favelas from drug trafficker control. A judge may also order temporary detention for an additional five days for paperwork processing. Other defendants must be charged within 45 days. many militia groups come to resemble drug trafficker groups in intimidating residents and conducting illegal activity such as extorting protection money. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Preventive detention for an initial period of 15 days is permitted if police have indications that a suspect may leave the area.uniformed officers charged with maintaining order and preventing crime. arrests must be made with a warrant. due to a lack of evidence.

which is defined on a case-by-case basis. Time in detention before trial is subtracted from the sentence. indigent detainees had the right to a lawyer provided by the state. Adolescente foi liberada e está em abrigo .disse Britto. .Ora.o que já foi apontado até mesmo por relatórios da Organização das Nações Unidas (ONU). detida por furto. de uma só vez três ataques graves ao sistema constitucional brasileiro e os responsáveis por isso devem ser apurados e punidos disse Britto. and defendants facing charges on all but the most serious crimes had the right to a bail hearing. que pretende levar o tema para discussão na Comissão Nacional de Direitos Humanos do Conselho Federal da OAB. Ela está num abrigo na região metropolitana de Belém sob os cuidados do Conselho Tutelar. a menor.É algo impensável no mundo moderno. ainda vítimas do preconceito". o caso da menina descoberta em uma diligência da Comissão de Direitos Humanos da OAB do Pará. da natureza especial da mulher e do papel de recuperação que o sistema prisional deve ter. Os conselheiros dizem que depois que visitaram a prisão. O episódio é gravíssimo por três razões: primeiro. Para o presidente da OAB. O presidente nacional da OAB observou que o episódio demonstra ainda o descaso das autoridades brasileiras no que se refere ao sistema penitenciário . Human rights observers stated that civil and uniformed police regularly detained persons illegally to extort money or favors. por não se reconhecer no Brasil os direitos das crianças e adolescentes. . equal to the number for the same period in 2007. Bail was available for most crimes. o tratamento especial que elas devem receber do Estado. juntamente com 20 homens. Between January and September. constitui "grave descaso que se tem com as mulheres brasileiras. além de um grave ataque ao sistema constitucional brasileiro. classificou de "hedionda e intolerável" a prisão de uma menina de 15 anos em uma cela na cadeia de Abaetetuba. Ou seja. Cezar Britto.the period for charging defendants. The law does not provide for a maximum period for pretrial detention. que não pode tratá-las como se fossem marginais . In general prison authorities allowed detainees prompt access to a lawyer. em segundo lugar. no interior do Pará. Detainees were also allowed prompt access to family members. e por mais de um mês. foi estuprada durante o tempo em que permaneceu na cadeia. a adolescente foi colocada em liberdade. the Sao Paulo State Ombudsman's Office received one complaint of extortion. Exemplo: Jovem é presa em cela com 20 homens e estuprada no Pará OAB protesta contra a situação "hedionda e intolerável" O presidente nacional da Ordem dos Advogados do Brasil. somente o descaso pode explicar a não observância do Estatuto da Criança e do Adolescente. Segundo o Conselho Tutelar do município e membros da comissão de direitos humanos da OAB do Pará.

pediu punição para os envolvidos.youtube. The law is the result of an extensive process of consultation and discussion.contou Diva. a menina confirmou que foi estuprada. http://www. Eu quero justiça .disse um presidiário. The law's enactment fulfills a commitment made by Brazil when it signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). . A victim may also recover property and cancel a power of attorney held by the aggressor. but low literacy. which used to be six months to one year. allowing an aggressor to be arrested not only in the act of committing an offence. Brazilian President Luiz Inácio Lula da Silva signed a new law on Domestic and Family Violence against Women on 7 August 2006 in Brasília. if the aggressor's freedom is determined to be a threat to a victim's life. que não quis se identificar.com/watch?v=L9UbCmI_VSM&feature=related DOMESTIC VIOLENCE Brazil has a sad record of domestic violence. The new legislation provides for unprecedented measures to protect women in situations of violence or under risk of death.disse ela. a perpetrator can be prevented from approaching the woman and her children. penalties have tripled: jail time. Os presos confirmam que a menor passou mais de 30 dias em companhia deles. tanto na corregedoria da polícia civil como na corregedoria do sistema penal.Vamos apurar o fato de quem a culpa. In detention cases.afirma Vera. Depending on the case.O Conselho Tutelar chegou até a delegacia de Abaetetuba após receber uma denúncia anônima. De acordo com a conselheira Diva Andrade. in which key women's organizations played a crucial role.com/watch?v=OdPy5WQqUko http://www. . a maior punição é a exoneração . social tension and poverty also play an important role in it. has increased . mais de mês sim . A secretária de segurança pública do Pará. Vera Lúcia Tavares. mandou abrir sindicâncias para apurar o caso. A mãe da adolescente.Os presos mantiveram relação com você? Ela disse: sim . . but also preventively.Ficou mais de mês ela.youtube. mas que isso não justifica a atitude dos policiais.Aqueles que forem culpados que sejam punidos porque se não houver isso hoje. A secretária disse que a cadeia de Abaetetuba não tem ala feminina porque parte do prédio foi destruída depois de uma rebelião. both against children and women. amanhã vão fazer a mesma coisa. The law also provides for gender-based crimes against women to be judged in special courts. The main causes of domestic violence are agreed to be alcohol addiction or drug use. The process was promoted by the State Secretariat of Policies for Women and supported by UNIFEM. The law changes the Penal Code. .

Some lawyers hail the country's constitutional and statutory protections to be a model to the world in all it says about children's rights.to up to three years. food. cruelty and oppression. compared with 20. Domestic workers are the labour force category employing the largest number of women in Brazil. the right to life. From January to September.N. 64 percent of the callers reported being beaten by domestic partners." There are several other legal (and constitutional) provisions in Brazil related to protection of children against all forms of abuse. and 261 attempted killings. psychological and sexual abuse. as well as to protect them from all forms of neglect. There was no information available on the numbers of prosecutions or convictions for rape. discrimination. and the state to ensure to children and adolescents. however. dignity.[4] Brazilians are bound by law to ensure certain basic rights for their children. violence. exploitation. A particularly innovative aspect of the law is that it provides protection for domestic workers from physical. consisting of approximately 6. However. professional training. and in some cases representatives of the judiciary are involved in those cases. 500. violence. 298 rapes. with absolute priority. who in the majority of cases were under the influence of alcohol or drugs. sexually assaulted. The federal government continued to operate a toll-free 24-hour hot line nationwide. For example. the Sao Paulo State Secretariat for Public Safety registered 2. a 32 percent increase compared with 2007.5 million women in the country. also reveals that in some parts of the country. culture. a legislation created to implement constitutional provisions regarding the protection of children's rights. including reports of 13. family and community life. and the law provides for the inclusion of basic information on violence against women in school materials. For such cases the law increases the penalty from one to three . describes Brazil's Child and Adolescent Statute (ECA).562 rape cases. or committed other crimes against women were unlikely to be brought to trial.499 cases of threats of violence. "most sexual crimes against children and adolescents are not investigated. The U.050 cases in 2007. compared with 4. have been eliminated. The law is not limited to making penalties more severe. Article 277 of Brazil's Constitution states: "It is the duty of the family. including spousal rape. men who killed. as one of the most advanced in the world.523 cases of domestic violence registered nationwide. the United Nations estimates that no less than 500.000 children in Brazil are victims of sexual exploitation. for instance. particularly in the northern and northeastern regions.785 cases of physical violence.977 calls during the year. It also establishes social measures to assist women." Women Rape. is a crime punishable by eight to 10 years' imprisonment.045 during the same period in 2007. an additional 6. those at risk may be included in government welfare programmes. and sexual exploitation. Pecuniary penalties. that is.000 of them less than 18 years old. It received 269. of society. Domestic violence remained both widespread and underreported. weekly. respect. education. approximately 60 percent of the callers reported being beaten daily and 18 percent. According to data from January to June. however. During the year there were 24. health. leisure. UNICEF. small fines used to punish perpetrators.

years in prison and creates special courts. There was no information available on the numbers of prosecutions or convictions for domestic violence. and psychological and legal aid. sexually. and Parana enacted laws requiring certain businesses to display signs listing the penalties for having sexual intercourse with a minor. The federal government stimulated the creation of these courts and promoted capacity-building courses for judges. For example. victims of domestic violence could obtain assistance at the Center for Women's Support. it is punishable under other criminal offenses. an initiative of the Rio de Janeiro state government that offered a complaint hot line. Women's groups reported that prostitutes encountered discrimination when seeking free medical care. Espirito Santo. which also provided psychological and legal aid. along with 15 public defender positions to provide free legal assistance to domestic violence victims. Sexual harassment is a criminal offense. In the workplace it applies only in hierarchical situations. shelters. When necessary. and there was a government-released "code of conduct to combat sex tourism and sexual exploitation" and government-conducted campaigns in the most affected areas. where the harasser is of higher rank or position than the victim. There were also 123 reference centers and 66 women's shelters. Amazonas. Although . The Federal District and the states of Pernambuco. Rio de Janeiro and Bahia states had similar legislation. While no specific laws address sex tourism. possessed only 24 percent of the country's DEAMs. In Rio de Janeiro. temporary shelter. The quality of services varied widely. In addition to the Women Program. and availability was particularly limited in isolated areas. The stations provided psychological counseling. such as operating a brothel. Prostitution is legal. At least 17 of the 26 states plus the Federal District had such courts. police stations dedicated exclusively to addressing crimes against women. the North and Northeast regions. Each state secretariat for public security operated "delegacias da mulher" (DEAMs). which contained approximately 35 percent of the country's population. the city's Rio Women Program provided assistance to female victims of domestic violence who received death threats. There were at the end of the year a total of 61 such courts established. but exploiting it through associated activities. is illegal. and hospital treatment for victims of domestic violence and rape (including treatment for HIV and other sexually transmitted diseases) as well as criminal prosecution assistance by investigating and forwarding evidence to courts. for a total of 415 countrywide. victims were sent to specific shelters. The law requires health facilities to contact the police regarding cases in which a woman was harmed physically. Trafficking of women for the purpose of prostitution was a serious problem. The law encompasses sexual advances in the workplace or in educational institutions and between service providers or clients. or psychologically in order to collect evidence and statements should the victim decide to prosecute. punishable by up to two years in prison.

while the company may be fined 10 times the salary of its highest-paid employee. women were often paid less than men in the same functions.com/watch?v=F-1I4xD5DPc .the law was enforced.youtube. accusations were rare. According to the Ministry of Labor and Employment (MTE). but some employers sought sterilization certificates from female job applicants or tried to avoid hiring women of childbearing age. Women have the same legal rights as men. and the extent of the problem was not documented. oversees a special entity charged with ensuring the legal rights of women. The law provides 120 days of paid maternity leave to women and seven days of paternity leave to men. http://www. the Secretariat for Women's Policy. there were significant wage disparities between men and women. Violations of the law are punishable by jail terms of up to two years for employers. Although the law prohibits discrimination based on gender in employment and wages. The law also prohibits employers from requiring applicants or employees to take pregnancy tests or present sterilization certificates. A cabinet-level office.