Moraes orders full preservation of all evidence from Rio operation

The Supreme Court Justice Alexandre de Moraes has ordered the full preservation and rigorous documentation of all material evidence from the massive police operation in Rio de Janeiro, which resulted in over 100 deaths. Access to the forensic evidence must be granted to the State Public Defender’s Office of Rio de Janeiro. Moraes’ decision complies with the request from the Federal Public Defender’s Office, which asked the Supreme Court to preserve all forensic evidence completely so that the organization can produce counterproofs.

In their request to the Supreme Court, the Federal Public Defender’s Office also asks for forensic examinations to be accompanied by expert witnesses and other specialized professionals. According to the organization, this measure aims to ensure the ‘integrity of the evidentiary production.’

In his ruling, Moraes also scheduled a joint hearing on November 5th at 10 am in the First Chamber of the Supreme Court to address the issue. The following entities are expected to participate:

National Council of Human Rights;
Human Rights Defense Commission;
Citizenship Commission of the State Legislative Assembly of Rio de Janeiro;
Angels of Freedom Institute;
Human Rights Network – Conectas Human Rights;
Redes da Maré Development Network;
Education and Citizenship for Underprivileged Afrodescendants – Educafro;
Justice Global;
Institute of Religious Studies – ISER;
Network of Communities and Movements against Violence;
Fala Akari Collective;
Papo Reto Collective;
Right to Memory and Racial Justice Initiative;
Unified Black Movement – MNU;
Center for Justice and International Law – CEJIL;
Human Rights Laboratory of UFRJ – LADIH;
Luiza Mahin Popular University Legal Counseling Center – NAJUP;
Institute for the Defense of the Black Population – IDPN;
Mães de Manguinhos Movement and Institute of Racial and Environmental Advocacy – IARA.

These organizations and entities must appoint their representatives to Moraes’ chief of staff by 3 pm next Tuesday.

Moraes denied the participation of the Federal Public Defender’s Office in the hearing scheduled for next Monday for Rio de Janeiro Governor Cláudio Castro (PL) to provide information about the massive operation. Besides the governor, the state’s Secretary of Public Security, the Police Commander, the Chief of Police, and the Director of the General Superintendence of Forensic Science were summoned to the hearing.

Favelas ADPF
Justice Alexandre de Moraes is the temporary rapporteur of the Favelas ADPF — Precept Fundamental Disregard Lawsuit) no. 635 — until the replacement for retired Justice Luís Roberto Barroso is appointed. The former President of the Supreme Court was the previous rapporteur of the case.

The Favelas ADPF was filed with the Supreme Court in 2019 by the Brazilian Socialist Party (PSB). In the initial request, the party questions police violence in operations in Rio de Janeiro’s communities and seeks to establish guidelines to reduce police lethality.

In April of this year, the Court reached a consensus on the Favelas ADPF and partially approved a plan from the Rio government. The agreement stipulated that the state government should develop a plan to reclaim territories controlled by criminal organizations and provide more transparent data on police operations resulting in deaths.