CAT/C/39/2
page 81
342. The Brazilian legal order, also by virtue of an express constitutional provision, assures
moral and material reparation to any person who suffers a harm caused by the State, through its
agents. This is an objective responsibility, that is, it does not depend of the verification of guilt.
The penal conviction also serves as executory mandate for the civil action of compensation.
“(k) The State party should carry out awareness-raising campaigns in order to
sensitize all sectors of society about the issue of torture and ill-treatment and on the
existing conditions of detention centres;”
343. On this question, see comments to paragraph 187 of the Report.
“(l) The right to counsel must be guaranteed at all stages of detention, from the
initial detention at police stations. An adequately resourced Defensoria Pública, with
appropriate authority to investigate and file necessary legal actions, should be present in
all States of the Federation in order to provide legal representation to all criminal
suspects. Public defenders should receive adequate salaries and appropriate training to
ensure that they can carry out their duties;”
344. On this question, see comments to paragraph 186 of the Report.
“(m) Allegations of police misconduct should be investigated by an independent
body, adequately resourced to perform its functions;”
345. The Police Ouvidorias, which exercise external control on the institution that monopolizes
the use of force and may restrict the dearest individual freedoms must be absolutely trusted by
the society. Hence the recognition by the Federal Government of the need for their complete
independence and absence of commitments with Secretariats or Governments, so that the
legal democratic order and the power and obligation of the State to assure public security may
coexist.
346. For this reason the Brazilian Government, in bilateral cooperation with the European
Union, maintains a Program of Institutional Support to the Police Ouvidorias and Community
Police, and hosts the National Forum of Police Ouvidores, in which only those who have no
current or past link with the police do participate. There are eleven Brazilian states in the Forum
and the number of ouvidores appointed by state governors from a list of three names provided by
the State Council for Human Rights is growing (SP, MG, MT and RN).
347. As regards budgetary autonomy, essential for the independent development of the activities
of the ouvidorias, the activity of the Ouvidoria de Polícia of the state of Paraíba will set a
standard in Brazil. The draft state law that creates this Ouvidoria is currently under examination
at the state Legislative Assembly and contemplates also administrative and functional autonomy.
The ouvidor must be a representative of civil society committed to the defense of human rights,
since the proposal of names follows the above mentioned pattern. The draft bill also assures the
Ouvidoria its own headquarters, separate from the facilities of the Public Security Secretariat,
and grants competence to requisition documents from any state agency.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents