E/CN.4/2001/66/Add.2
page 52
manslaughter, when committed by military police officers, continue to fall within the exclusive
jurisdiction of military courts, which are composed of four military officers and one civilian
judge. The crime of abuse of authority does not exist in the military criminal code, and hence
cases on this count may be filed against military police officers in ordinary courts. Prosecutions
in military court reportedly take many years as the military justice system is said to be
overburdened and inefficient. Furthermore, NGOs note a lack of willingness by military police
officers to investigate fellow officers. According to the information received, as part of an
attempt to reach a friendly settlement before the Inter-American Commission on Human Rights
in the cases of Roselándio Borges Serrano and Edson Damião Calixto, the federal Government
has submitted a draft law to Congress to broaden the crimes committed by military police
officers to be judged by civil courts to include manslaughter, causing bodily harm and other
crimes not included in the Penal Code but provided for in separate legislation, such as torture.75
III. CONCLUSIONS AND RECOMMENDATIONS
157. Brazil is a large complex South American country. It covers 8,531,500 square
kilometres and has a population of 160 million persons. Most settlements are in the eastern part
of the country adjacent or close to the Atlantic Ocean. The hinterland is more sparsely settled.
The population is a mixture of Portuguese and other European immigrants, Blacks (mainly
descended from the slave population of colonial times), mulattos and indigenous people.
158. It is the world’s tenth largest economy, with 17.4 per cent of the population living
below the poverty line. It is a federal State with strong powers vested in the individual states.
While the criminal law is federal, the administration of justice in respect of crimes committed at
the state level is wholly within the authority of the states, which are responsible for the
organization and resourcing of the judiciary, the public prosecutor’s office, the police and so on.
Moreover, strong centres of political-party power at the state level can severely limit the
influence of the federal Government, especially in terms of the composition of Congress, which
is also vulnerable to pressure from the law enforcement apparatus, of which prominent Senators
and Deputies are former members. A period of military government from 1964 to 1985,
characterized by torture, enforced disappearances and extra-legal executions, still looms over the
present democratic dispensation. There is freedom of political association and speech, including
a vigorous press and an increasingly active civil society. But despite the existence of Law 9140
of 1995 which granted reparations to families of some victims of the military regime, there has
been no full official accounting for the crimes committed by that regime.
159. As the Special Rapporteur has found in several countries, there is widespread public
disquiet about the level of ordinary criminality, breeding a pervasive sense of public insecurity
leading, in turn, to demands for draconian official reaction, sometimes without legal restraint.
There has been a practice of some politicians and political parties to exploit this fear for electoral
purposes.
160. However, the Special Rapporteur has the impression that those presently in power at the
federal level, as well as at the level of the states he visited, were willing to adopt a discourse that
affirmed principles of the rule of law and human rights. Some, often showing courageous
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents