On December 24, 2024, President Luiz Ignacio Lula da Silva (PT) issued a controversial decree aimed at regulating the use of force by police throughout Brazil. The decree stipulates strict limitations on when lethal force can be deployed, thereby sparking widespread debate among state governors, law enforcement officials, and civil rights advocates.
With the aim of enhancing human rights protections within law enforcement, the decree categorically asserts, "A força letal não pode ser a primeira reação das polícias. Só podemos usar a força letal em última instância" (Lethal force cannot be the first response of police. We can only use lethal force as a last resort), as stated by Minister of Justice Ricardo Lewandowski. This marks a significant shift from previous practices where lethal force was more readily justified.
The new regulations explicitly prohibit police from utilizing firearms against unarmed individuals who are fleeing or who do not present immediate threats to life. Instead, officers are encouraged to first exhaust all other less severe measures before resorting to the use of force. This move, aimed at reducing instances of police violence, has been met with mixed reactions.
Governors from across Brazil have expressed vehement opposition to the decree. Cláudio Castro, Governor of Rio de Janeiro, strongly criticized the new policy, saying, "Sabem quem ganhou um presentão de Natal? A bandidagem, no país inteiro!" (Do you know who got a big Christmas gift? The criminals, across the whole country!). He characterized the restrictions as detrimental, claiming they impede law enforcement's ability to combat rising crime effectively.
Similarly, Ronaldo Caiado, the Governor of Goiás, labeled the decree as "chantagem explícita" (explicit blackmail), warning it could restrict funding from the National Fund for Public Security based on compliance with the federal guidelines. He contended, "O decreto impõe aos estados que, caso não sigam as diretrizes do governo do PT para a segurança pública, perderão acesso aos fundos de segurança" (The decree imposes upon states the condition of following the government's guidelines for public security, or they will lose access to security funds). Caiado's remarks underline the tense dynamics between state and federal governments, particularly on matters of law enforcement.
A broader coalition of state governors, including Ibaneis Rocha of the Distrito Federal, echoed concerns about the erosion of state authority over public safety. Rocha proclaimed, "Interferência total" (Total interference), emphasizing his belief in the fundamental role of states to oversee their security policies without federal overreach.
Despite these pushbacks, the federal government remains firm on the necessity of these reforms. The decree aims not only to standardize police procedures nationwide but also intends to hold law enforcement accountable for the use of force. The establishment of the National Monitoring Committee for the Use of Force is positioned as a pivotal step forward to oversee the compliance of these measures.
Experts have expressed cautious optimism about the potential impact of the decree. They acknowledge the need for guidelines governing police conduct but warn against simplistic assumptions about their transformative power on entrenched systemic issues. Rafael Alcadipani, professor at FGV-SP and member of the Brazilian Forum for Public Security, commented on the challenges posed by varying state norms and the importance of consistent application across Brazil.
This announcement and its backlash reveal the broader political fissures currently at play within Brazilian governance, particularly concerning public safety policies. It also highlights the inherent tensions as Lula's administration attempts to navigate the delicate balance between enforcing security and preserving civil liberties.
Looking forward, the decree's true test will be its implementation and the response from both law enforcement agencies and the communities they serve. The requirement for annual training for police on the use of force sets the groundwork for potentially reframing police-community relations and addressing allegations of police misconduct.
With the government pledging resources and support for the rollout of these guidelines, observers will be keeping a close eye on whether their adoption leads to measurable improvements in public safety outcomes or if it merely stirs more political controversy.
