Uneafro criticizes Doria’s statement and questions whether he wants to implement "the death penalty"

Governor said: “In São Paulo, from now on, immobilization of the bandit who is armed, if he still react, he does not go to the police station, nor to prison, he goes to the cemetery”.

A Uneafro-Brazil, organization linked to the defense of life and the rights of Black and peripheral population, through Douglas Belchior, a member of the General Council, sent a letter to the authorities of the state of São Paulo, in order to collect explanations about recent declarations by João Doria (PSDB).

Last Tuesday (15), the Governor of São Paulo stated in an interview: “Faced with any threat to the population, risk of death, risk of threat with weapon, the guidance of the military police is to immobilizate the bandit, if he reacts he goes to the cemetery. Therefore, in São Paulo, from now on, immobilization of the bandit who is armed, if he still react, he does not go to the police station, nor to prison, he goes to the cemetery. ”

According to the seriousness of the statement, Uneafro questions: “would Mr. Governor João Doria, in establishing that the police should send suspects “to the cemetery”, guiding the officers to apply from their own judgment the capital law, thus disfulfilling the petrous clause of the Constitution in flagrant breach of the Law? In other words, Mr. Governor João Doria, implementing unilaterally and without discussion with society, the death penalty in the state of SP? If not, what? ”

In another excerpt from the office, the entity recalls: “In a report released in 13/08/2018, the Ombudsman of the state of São Paulo identified excesses in 74% of the occurrences in which police officers killed civilians during alleged confrontations in 2017, the year in which the lethality Policeman was the largest in the historical series, with 940 civilian deaths in 2017. Mr. Governor considers or cares about such indices? In which direction the police should “send to cemetery” those who deem sentenced to capital punishment, will help in decreasing these numbers of lethality? Or is this not a goal of this government?

” Claims

A Uneafro calls for the position of the secretariat of Public Security and the governor’s office; The opening of research regarding the guidelines and procedures adopted by the PM Paulista and its command; and immediate and public retraction.

Follow the full of the craft:

São Paulo, 18 January 2019

to the Lords João Doria – Governor of the state of SP

General João Camilo Pires de Campos-Secretary of State for Public security

Walter Nyakas Júnior – Chief secretary of the Military House and coordinator of the Civil defense of the state

with copy

Gianpaolo Poggio Smanio – Attorney General of Justice of the State of São Paulo

Benedito Domingos Mariano – Ombudsman of the Police of the state of SP

Subject: Request for information concerning the declaration of Mr. João Doria, newly elected and sworn governor of the state of São Paulo, aired on the TV program SP2 of Rede Globo and in the portal G1 at 11.01.2019.

Uneafro-Brazil, civil society organization of social, educational and political action in defense of life and rights of the black and peripheral population of São Paulo and Brazil, not formally constituted, or represented in this Act by the Association Franciscan Defense of Rights and Popular training, headquartered at Rua Abolition, 167 – Bela Vista – São Paulo, CNPJ 11.140.583/0001-72, based on article 5 (XXXIII) of the Federal Constitution and articles 10, 11 and 12 of Law No. 12.527/2011 – The General Law on Access to information Public-, respectfully addresses your lordships, with the aim of presenting the following questions:

1. In 11/01/2019, it was aired on the TV program SP2 of Rede Globo and in portal G1 a statement by Mr. João Doria, newly elected and sworn governor of the state of São Paulo. (https://g1.globo.com/sp/sao-paulo/noticia/2019/01/11/doria-autoriza-pm-usarespingardas-calibre-12-nas-estradas-e-cidades-de-sp.ghtml)
2. In this opportunity, Mr. John Doria declared in Verbis: “Faced with any threat to the population, risk of death, risk of threat with weapon, the guidance of the military police is to immobilizate the bandit, if he reacts he goes to the cemetery. Therefore, in São Paulo, from now on, immobilization of the bandit who is armed, if he still react, he does not go to the police station, nor to prison, he goes to the cemetery. “
3. In the face of such a declaration, and protected by the law of access to the aforementioned information, we, as an organized civil society, have come through this request:

Request for explanations considering that the Brazilian FEDERAL Constitution, in its Article 5, Inc. XLI determines:

Art. 5 º All are equal before the law, without distinction of any nature, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the right to life, freedom, equality, security and property, in the following terms: (…) XLI – The law will punish any discrimination against fundamental rights and freedoms. (Our griffins);

Considering that the Brazilian FEDERAL Constitution prohibits capital punishment, this prohibition is also expressed in petrous clause (ART. 60, § 4, IV, CF/88), being admitted only in the case of war declared – before a firing squad – (Nucci and Art. 5th, XLVII, “a”); Considering that Brazil, by promulgate the Decree No. 678, is a signatory to the American Convention on Human Rights, whereby “the death penalty cannot be restored in states that have abolished it” (Art. 4, 3);

Whereas, therefore, it is not reserved for public safety bodies (ART. 144, CF/88), although they exercise ostensive policing (military police, for example), the right to kill and that there is no penalty without prior legal comination (legal reserve – ART. 5th, XXXIX, CF) or even the presumption of non-culpability (Art. 5th, LVII, CF);

Whereas the Code of Criminal Procedure determines to the police the use of proportionate, reasonable and gradual force (ART. 292):

We question:

1. Would Mr. Governor João Doria, in establishing that the police should send suspects “to the cemetery”, guiding the officers to apply from their own judgment the capital law, thus disfulfilling the petrous clause of the Constitution in flagrant breach of the Law? In other words, Mr. Governor João Doria, implementing unilaterally and without discussion with society, the death penalty in the state of SP? If not, what?
2. According to the “Giraldi method”, the doctrine of defensive training in the preservation of life, adopted by the military police of the state of São Paulo since 2002, in the case of armed conflict the policeman must practice the “defensive shot in the preservation of life”, striving to Maximum to cease the death of the aggressor against his victim. According to the guidance present on the Military Police website, the “shooting is not intended to kill you [the aggressor], but as a retro appears to cease its action of death against your victim. His death may even occur, but that is not the purpose of firing the policeman “(our Gryphon, cf. http://www.policiamilitar.sp.gov.br/unidades/eef/giraldi.html). Unilaterally and not dialogued with the Paulista society, through the guidance that the policeman send the aggressor “to the cemetery,” would Mr. Governor João Dória suspending the practice of the doctrine of “Giraldi method”?
3. In a report released in 13/08/2018, the Ombudsman’s Office of the State of São Paulo identified excesses in 74% of the occurrences in which police officers killed civilians during alleged confrontations in 2017, the year in which police lethality was the largest in the historical series, with 940 Civilian deaths in 2017. Mr. Governor considers or cares about such indices? In which direction the police should “send to cemetery” those who deem sentenced to capital punishment, will help in decreasing these numbers of lethality? Or is this not a goal of this government?
4. The Brazilian police, regretfully, is one of the most killing and dying police in the world. The military police of SP leads this sad ranking that goes against the appreciation of life. By publicly declaring that the police under your command will send bandits “to the cemetery,” Mr. Governor does not consider that will increase the level of lethality, both of suspects and of the policemen who, instead of working for the preservation of life, of itself and of civilians, is used by the state as a soldier in a war against society? What assurances are there that police killings will not increase, from this new orientation?
5. Although it does not fit the governor to give legal support for the increase of lethality of one of the most lethal police on the planet (after all, as exposed, it is constitutional text and Penal Code), Mr. Governor does not consider that through his statement gives moral authority for the policeman to disrespect the national law and the internal doctrine of the military police itself?

In these terms, we require:

1. The answer in writing and with sources for investigation, of all related questions;
2. The immediate positioning on the part of the SSP and the governor’s office, about the declarations of the commander of the Rota.
3. Immediate opening of research regarding the guidelines and procedures adopted by the PM Paulista and its command, in its ordinary and daily attribution.
4. Immediate public retraction, on the part of the governor, if it was not his intention to deliberately guide his coporation to act outside the law, transacting the constitutional functions of the military police, provoked that he was to judge, condemn and execute the CAPITAL punishment, Prohibited in our country.

UNEAFRO Brazil – Union of Popular education cores for black and black

Douglas Elias Belchior member of the General Council of Uneafro-Brazil

Source: www. revistaforum. com. br