Minister Alexandre de Moraes, of the Federal Supreme Court (STF), ordered this Wednesday (29) that the governor of Rio de Janeiro, Cláudio Castro (PL), provide clarifications on the mega police operation that left at least 119 dead in the communities of Alemão and Penha. The decision was taken following requests from the National Human Rights Council (CNDH) and the Attorney General’s Office (PGR), within the scope of the so-called ADPF das Favelas.
In the decision, Moraes demands that the Rio government explain whether previous court orders were complied with during the operation, known as “Operation Containment”. The minister also scheduled an audience with the governor for November 3, in the capital of Rio de Janeiro. The meeting will be attended by the heads of the Public Security Secretariat, the Military Police, the Civil Police and the General Superintendence of Technical-Scientific Police.
According to the judge, the government must present detailed justifications for carrying out the operation, including the number of agents involved, the total number of deaths and injuries, and the measures adopted to guarantee accountability for abuses committed by authorities. Moraes also requested information about communication to the Public Ministry, the use of body cameras and assistance to victims and family members.
The decision takes place in the context of ADPF nº 635, known as “ADPF das Favelas”, an action presented by the PSB in 2019 that questions police violence in communities in Rio and seeks to establish guidelines to reduce the lethality of operations. Since then, the Supreme Court has determined measures to increase transparency and oversight of police actions in areas of social vulnerability.
According to information from the security forces, the operation was launched on Tuesday (28) and aimed to execute 180 search and seizure warrants and 100 arrest warrants, 30 of which were issued by the state of Pará. The action involved civil and military police officers and, according to the state government, sought to contain the expansion of the criminal faction Comando Vermelho.
The authorities’ initial assessment showed 58 deaths in clashes, including four police officers. However, dozens of bodies were later found in forested areas in Complexo da Penha, bringing the total number of deaths to 119. The scenes of residents transporting bodies to Praça São Lucas, in Penha, gained national attention and intensified demands for answers.
Governor Cláudio Castro classified the operation as a “success”, claiming that the action was necessary to contain the activities of criminal factions. Human rights organizations and favela movements denounced the episode as a “slaughter” and a “massacre”, stating that many bodies showed signs of execution, such as shots to the head and mutilations. Civil organizations also demanded the preservation of crime scenes for adequate forensic examination.
In addition to the governor’s explanations, Moraes ordered the scheduling of hearings with the president of the Court of Justice of Rio de Janeiro (TJ-RJ), the attorney general of Justice and the state’s general public defender. The minister highlighted that the information must be presented in a detailed and technical manner, including any expert reports and video records of the body cameras used.
The PSB, author of the ADPF das Favelas, also filed a request for the Supreme Court to order a federal investigation into possible non-compliance with the Court’s decisions by the Rio government. The party claimed that there is “very strong evidence” of violation of the established measures, especially after the information that part of the images from body cameras had been lost during the operation.
In the decision, Moraes listed 18 points that the Rio de Janeiro government should clarify at the hearing. Among them are the detailed report of the operation, the formal justification for carrying it out, the prior definition of the degree of force used, and the measures to preserve the locations for examination. The minister also asked for details about the presence of ambulances, the performance of the internal affairs bodies and compliance with the principle of proportionality in the use of force.
The judge also highlighted the need to justify any actions carried out during school hours and the use of public buildings, such as schools and health units, as operational bases. If such locations were used, the government must present evidence that they were also used by criminal groups, which would justify the entry of security forces.
The operation had immediate repercussions on daily life in Rio de Janeiro. The exchanges of fire and retaliation by criminals affected expressways, public services and the operation of companies, which closed activities early. The escalation of violence has reignited the debate about the limits of police actions and the effectiveness of measures imposed by the Supreme Court to reduce deaths in operations in favelas.
The ADPF das Favelas remains in force and establishes guidelines for carrying out operations in the state. In April this year, the Supreme Court partially approved a plan presented by the Rio de Janeiro government, which provided for actions to retake territories controlled by criminal organizations and increase transparency in lethality records. Now, with the new police offensive and the record number of deaths, the case returns to the center of legal and political debate.
While the governor prepares his defense, the Supreme Court must decide whether to open an investigation to investigate possible irregularities and possible State responsibilities in the deaths recorded. The hearing scheduled by Moraes should define the next steps in the process, amidst a scenario of strong pressure from civil entities, human rights organizations and family members of the operation’s victims.
