Necropolítica y entrevistas criminales en Brasil: Un análisis del legado de la tortura y los principios Méndez

Mariana Dos Santos de Almeida

doi:10.5354/0718-4735.2024.75930

Abstract

This study investigates the persistence of torture and police brutality in Brazil, focusing on the contradictions between legal principles and actual practices within the criminal justice system. The objective is to identify the main constitutional principles and rights garanteed and examine how, besides them, historical legacies, institutional culture, and contemporary policies contribute to the ongoing violations of human rights, particularly during criminal interviews. The research employs a qualitative methodology, including a review of historical and legal documents, case studies, and analyses of recent reports and precedents. It explores the evolution of torture practices from Brazil’s colonial past through its latest military dictatorship and into the present, highlighting systemic issues in the legal and judicial frameworks. Key findings reveal a troubling continuity of torture mechanisms and police brutality, sustained by institutional complicity and socio-political factors. Despite formal constitutional protections, systemic violence remains pervasive, disproportionately affecting marginalized communities. The study identifies significant gaps between constitutional guarantees and actual practices, particularly in the application of Precedent 70 from Rio de Janeiro State’s Court and the handling of custody hearings in Brazil, among many others. It also emphasizes the role of societal acceptance and institutional biases in perpetuating these abuses. The conclusions underscore the need for comprehensive reforms to bridge the gap between legal norms and practical realities. Enhancing accountability mechanisms, revising problematic legal precedents, and implementing the Méndez Principles for humane interviewing practices are essential steps. The study highlights the importance of addressing underlying socio-economic inequalities and fostering a cultural shift towards genuine respect for human rights to effectively combat torture and brutality. The significance of this research lies in its potential to inform some policy changes and legal reforms to enhance the Brazilian justice system, without attempting to cover all possibilities. By providing a detailed analysis of the systemic issues and proposing actionable solutions, the study contributes to the broader discourse on human rights and justice, advocating for a transformative approach to addressing entrenched abuses, ensuring the protection of constitutional rights and fortifying the democratic rule of law.

Necropolítica y entrevistas criminales en Brasil: Un análisis del legado de la tortura y los principios Méndez

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