Crime in Brazil
Encyclopedia
Crime in Brazil involves an elevated incidence of violent and non-violent crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

s. According to most sources, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

 possesses high rates of violent crime
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...

s, such as murders and robberies; the homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...

 rate has been steadily declining, but it is still above 20.0 homicides per 100,000 inhabitants, placing the country in the top 20 countries by intentional homicide rate.

Overview

The Swiss-based NGO Small Arms Survey says that, in light of recent improvements, Brazil is no longer one of the most violent places on Earth. Kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

s occur, but increased police know-how has somewhat alleviated the problem. Prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...

 per se is not a crime in Brazil, unlike procuring
Procuring (prostitution)
Procuring or pandering is the facilitation or provision of a prostitute in the arrangement of a sex act with a customer. Examples of procuring include:*trafficking a prostitute into a country for the purpose of soliciting sex...

. The Government of Brazil has recently increased efforts to combat child prostitution and sex tourism
Sex tourism
Sex tourism is travel to engage in sexual activity with prostitutes.The World Tourism Organization, a specialized agency of the United Nations, defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary...

. In 2010, there were 473,600 people incarcerated in Brazilian prisons and jails. Drugs are responsible for 85,000 of the total tally.

It is believed that most life-threatening crime
Offence against the person
In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.They are usually analysed by division into the following categories:*Fatal offences*Sexual offences...

 in Brazil can be traced back to drug trade
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...

 and alcoholism
Alcoholism
Alcoholism is a broad term for problems with alcohol, and is generally used to mean compulsive and uncontrolled consumption of alcoholic beverages, usually to the detriment of the drinker's health, personal relationships, and social standing...

. Brazil is a heavy importer of illicit cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...

, as well as part of the international drug routes
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...

. Arms and marijuana employed by criminals are mostly locally-produced. New legislation has brought stricter punishment to domestic abuse and driving under the influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...

. Thousands of human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

 and slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...

 cases are reported annually, usually associated with sugarcane
Sugarcane
Sugarcane refers to any of six to 37 species of tall perennial grasses of the genus Saccharum . Native to the warm temperate to tropical regions of South Asia, they have stout, jointed, fibrous stalks that are rich in sugar, and measure two to six metres tall...

 plantation or, in the cities, illegal immigrants from Asia and Latin America. Crime rates vary greatly across the country, with a higher incidence in metropolitan suburbs
SubUrbia
subUrbia is a play by Eric Bogosian chronicling the nighttime activities of a group of aimless 20-somethings still living in their suburban Boston hometown and their reunion with a former high school classmate who has become a successful musician...

 and in border zones
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...

.

White-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...

 is targeted mainly by public prosecutors
Public Ministry (Brazil)
The Public Ministry is the Brazilian body of independent public prosecutors, working both at the federal and state level. It operates independently from the three branches of government, and was referred to by Constitutional scholar Michel Temer as the "Fourth Branch".There are three levels of...

 and the Federal Police, and receives new attention from lawmakers: the crime of money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...

 was introduced in 1998. Corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...

 of public officials rarely results in criminal prosecution directly, due to confusing laws (suspects of corruption are often indicted for associated charges). The Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

 is also home to numerous Brazilian hackers, while online hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....

, heavily penalized in the Brazilian Penal Code, eludes officers. Land crime is propitiated by bureaucracy and government tolerance, and conflicting ownership claims, particularly in rural areas, challenge the rule of law; deforestation
Deforestation
Deforestation is the removal of a forest or stand of trees where the land is thereafter converted to a nonforest use. Examples of deforestation include conversion of forestland to farms, ranches, or urban use....

, once rampant, today has sharply declined as negative incentives are imposed and satellite
Satellite
In the context of spaceflight, a satellite is an object which has been placed into orbit by human endeavour. Such objects are sometimes called artificial satellites to distinguish them from natural satellites such as the Moon....

 tracking is perfected.

A lingering problem are human rights violations during the capture and custody of suspects, which were mentioned in a recent United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 report. On the other hand, criminal charges have been described as exceedingly lax, allowing violent criminals an early return to society. The justice system is slow, largely because of loopholes that allow for numerous appeals. According to the U.S. Department of State, a majority of crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

s are not solved.

Crime in Brazil is a common theme in the popular media globally, to the point that it is believed to tarnish the country's image. Locals often complain that Brazil's fame as a criminal hotspot is hysterical
Hysteria
Hysteria, in its colloquial use, describes unmanageable emotional excesses. People who are "hysterical" often lose self-control due to an overwhelming fear that may be caused by multiple events in one's past that involved some sort of severe conflict; the fear can be centered on a body part, or,...

, going far beyond actual statistical comparisons. Various Brazilian organizations have protested against depictions of crime in programs such as The Simpsons
The Simpsons
The Simpsons is an American animated sitcom created by Matt Groening for the Fox Broadcasting Company. The series is a satirical parody of a middle class American lifestyle epitomized by its family of the same name, which consists of Homer, Marge, Bart, Lisa and Maggie...

, Law and Order: Criminal Intent and in the movie Turistas
Turistas
Turistas is a 2006 American thriller film directed and produced by John Stockwell. In some regions of the world, such as France, the Republic of Ireland, Malta and the UK, the film has been released under the alternative title Paradise Lost.-Plot:Three young American tourists, Alex , his sister...

.

Homicide rates

List of the Brazilian state capitals by homicide rate (homicides per 100,000):

Current problems

Brazil continues to have high crime rates in a number of statistics, despite recent improvements.

With roughly 23.8 homicides per 100,000 residents, muggings, robberies, kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

s and gang violence Brazil is one of the most criminalized countries of the world.

Homicides in Brazil are recorded by the DataSUS system. A continuing trend is the reduction of crime rates during the late 2000s, after a peak in the decade's onset. Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...

 registered, in 2008, the lowest homicide rate in 18 years, while São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...

 is now approaching the 10 homicides per 100,000 mark, down from 35.7 in 1999. A notable example is the city of Diadema
Diadema
Diadema* Diadema, São Paulo, a city in São Paulo* Diadema , a genus of sea urchin belonging to the family Diadematidae* Damon diadema, a species of arachnid, sometimes known as the tailless whip scorpion...

, where crime rates fell abruptly.

In 2006 49,145 people were murdered in Brazil, an increase when compared to 2005, when 47,578 people were killed. The year of 2003 still holds the record for total number of murders in Brazil; that year alone 51,043 people were murdered.

Some crime hotspots are the border zones, where criminals from other South American nations also operate, and the suburbs in metropolitan areas. The decline of homicide rates has been the lowest in the Brazilian Northeast, where higher statistics persist.

Carjacking
Carjacking
Carjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction,...

 is common, particularly in major cities. Local citizens and visitors alike are often targeted by criminals, especially during public festivals such as the Carnaval. More than 500,000 people have been killed by firearms in Brazil between 1979 and 2003, according to a new report by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

.

Express kidnapping
Express kidnapping
Express kidnapping , is a method of abduction used in some countries, mainly from Latin America, where a small ransom, that a company or family can easily pay, is requested. It is most common in Mexico, Colombia, and Brazil. It was frequent in Argentina following its political and economic crisis...

s, where individuals are abducted and forced to withdraw funds from automated teller machine
Automated teller machine
An automated teller machine or automatic teller machine, also known as a Cashpoint , cash machine or sometimes a hole in the wall in British English, is a computerised telecommunications device that provides the clients of a financial institution with access to financial transactions in a public...

s to secure their release, are common in major cities including Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...

, São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...

, Brasília
Brasília
Brasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...

, Curitiba
Curitiba
Curitiba is the capital of the Brazilian state of Paraná. It is the largest city with the biggest economy of both Paraná and southern Brazil. The population of Curitiba numbers approximately 1.75 million people and the latest GDP figures for the city surpass US$61 billion according to...

, Porto Alegre
Porto Alegre
Porto Alegre is the tenth most populous municipality in Brazil, with 1,409,939 inhabitants, and the centre of Brazil's fourth largest metropolitan area . It is also the capital city of the southernmost Brazilian state of Rio Grande do Sul. The city is the southernmost capital city of a Brazilian...

, Salvador
Salvador, Bahia
Salvador is the largest city on the northeast coast of Brazil and the capital of the Northeastern Brazilian state of Bahia. Salvador is also known as Brazil's capital of happiness due to its easygoing population and countless popular outdoor parties, including its street carnival. The first...

 and Recife
Recife
Recife is the fifth-largest metropolitan area in Brazil with 4,136,506 inhabitants, the largest metropolitan area of the North/Northeast Regions, the 5th-largest metropolitan influence area in Brazil, and the capital and largest city of the state of Pernambuco. The population of the city proper...

. Petty crimes such as pickpocketing
Pickpocketing
Pickpocketing is a form of larceny that involves the stealing of money or other valuables from the person of a victim without their noticing the theft at the time. It requires considerable dexterity and a knack for misdirection...

 and bag snatching are common. Thieves operate in outdoor markets, in hotels and on public transport.

Cases of piracy
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...

 occur in some coastal areas of Brazil. Brazil has a long coast line with hundreds of bays and rivers. Most of these are believed to be without pirates. The more dangerous activities seemed to be centred around the Amazon river
Amazon River
The Amazon of South America is the second longest river in the world and by far the largest by waterflow with an average discharge greater than the next seven largest rivers combined...

 mouth and the region of Santos or Fortaleza.

Organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...

 remains a serious problem in Brazil. It is well established in Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...

 and São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...

, and include criminal organizations like Comando Vermelho
Comando Vermelho
Comando Vermelho is a Brazilian criminal organization founded in 1979 in the prison Cândido Mendes, on the Ilha Grande island, Rio de Janeiro, as a collection of ordinary convicts and left-wing political prisoners who were members of the Falange Vermelha , which fought the military dictatorship...

, Amigos dos Amigos
Amigos dos Amigos
Amigos dos Amigos is a criminal organization that operates in the Brazilian city of Rio de Janeiro. It was started up in 1998 when a member of Comando Vermelho was expelled from the organization for ordering the murder of another member. The gang's main rivals are Comando Vermelho and Terceiro...

 and Primeiro Comando da Capital
Primeiro Comando da Capital
Primeiro Comando da Capital, or PCC , is an anti-establishment Brazilian prison gang and criminal organization founded in 1993 by inmates of Taubaté prison in São Paulo...

. Brazilian urbanization has driven the drug trade to the favela
Favela
A favela is the generally used term for a shanty town in Brazil. In the late 18th century, the first settlements were called bairros africanos . This was the place where former slaves with no land ownership and no options for work lived. Over the years, many freed black slaves moved in...

s of Rio. Often, gangs hire "lookouts" to warn members of upcoming law enforcement. The dense environments of favelas in Rio have helped gang members hide from police easily.

Gang violence have been directed at police, security officials and related facilities, gangs have also attacked official buildings and set alight public buses. May 2006 São Paulo violence began on the night of 12 May 2006 in São Paulo, Brazil. It was the worst outbreak of violence which has been recorded in Brazilian history and was directed against security forces and some civilian targets. By May 14 the attacks had spread to other Brazilian states including Paraná
Paraná (state)
Paraná is one of the states of Brazil, located in the South of the country, bordered on the north by São Paulo state, on the east by the Atlantic Ocean, on the south by Santa Catarina state and the Misiones Province of Argentina, and on the west by Mato Grosso do Sul and the republic of Paraguay,...

, Mato Grosso do Sul
Mato Grosso do Sul
Mato Grosso do Sul is one of the states of Brazil.Neighboring Brazilian states are Mato Grosso, Goiás, Minas Gerais, São Paulo and Paraná. It also borders the countries of Paraguay and Bolivia to the west. The economy of the state is largely based on agriculture and cattle-raising...

, Minas Gerais
Minas Gerais
Minas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...

 and Bahia
Bahia
Bahia is one of the 26 states of Brazil, and is located in the northeastern part of the country on the Atlantic coast. It is the fourth most populous Brazilian state after São Paulo, Minas Gerais and Rio de Janeiro, and the fifth-largest in size...

. Another outbreak of violence
July 2006 São Paulo violence
The July 2006 São Paulo violence happened on 12 July 2006. Various buses, banks and police stations were shot and 5 people died. It is believed that the First Command of the Capital is behind the attacks.- See also :*May 2006 São Paulo violence...

 took place in São Paulo in July 2006.

In November 2010, there was a huge security crisis in Rio de Janeiro
2010 Rio de Janeiro Security Crisis
In November 2010, there was a huge security crisis in the Brazilian city of Rio de Janeiro and some of its neighboring cities when a series of attacks against civilian targets occurred from the week of 21 to 28 of that month...

 and some of its neighboring cities when a series of attacks against civilian targets occurred. Dozens of motor vehicles were burned by orders of the city's main criminal factions that control drug trafficking at the region in response to the government's newest security policy based on the occupation of Rio's slums by permanent police forces named UPPs
Pacifying Police Unit
The Pacifying Police Unit , abbreviated UPP, is a law enforcement program in the state of Rio de Janeiro, Brazil, which aims at reclaiming territories, more commonly favelas, controlled by gangs of drug dealers or private militias...



Police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....

 and corruption are widespread. Inefficient public services, especially those related to security, education and health, severely affect quality of life.

The National Security Force

The National Public Security Force
National Public Security Force
The National Public Security Force , created in 2004, is a joint cooperation of various Brazilian Public Safety forces, co-ordinated by the National Secretariat of Public Safety , of the Ministry of Justice...

 (NPSF) was established in June 2004 by the Ministry of Justice, to act in emergency situations. The NPSF is controlled by the National Security Bureau (Secretaria Nacional de Segurança) and brings together the best police states and the Federal Police.
This group of elite police officers, similar to the American model of SWAT teams
SWAT
A SWAT team is an elite tactical unit in various national law enforcement departments. They are trained to perform high-risk operations that fall outside of the abilities of regular officers...

, was inspired by the peace forces of the United Nations (UN). With the setting up of troops, the federal government wanted to prevent the transmission of the Armed Forces to assist the state police in the fight against crime.

BOPE

BOPE
BOPE
Batalhão de Operações Policiais Especiais , mostly known by its acronym BOPE, is a special forces unit of the Military Police of Rio de Janeiro State, Brazil....

(Batalhão de Operações Policiais Especiais, or Special Police Operations Battalion), is the elite group of the Military Police. BOPE's exist in the states of Santa Catarina
Santa Catarina (state)
Santa Catarina is a state in southern Brazil with one of the highest standards of living in Latin America. Its capital is Florianópolis, which mostly lies on the Santa Catarina Island. Neighbouring states are Rio Grande do Sul to the south and Paraná to the north. It is bounded on the east by...

, Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...

 and in many others. The most famous or infamous BOPE, is the BOPE-PMRJ (PMRJ being the 'Rio de Janeiro military police). Their missions are: break barricades constructed by drug traffickers; extract police officers or civilians injured in confrontations; serve high-risk arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....

s; hostage rescues; suppress prison rebellions; and conduct special missions in rough terrain such as swamps or mountainous areas. Other states in Brazil have different names for their special operations groups.

Penal Code

The Penal Code has been amended considerably since its adoption in 1940 as a replacement for an older code. The Penal Code has two sections. The first distinguishes between felonies and misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

s and outlines the individual citizen's responsibilities under the law. The 1988 constitution proscribes capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

, except in case of war. The second section defines criminal behavior more comprehensively, spelling out crimes against persons, property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

, custom
Custom
Custom may refer to:* Convention , a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom* Customization , anything made or modified to personal taste...

, public welfare, and public trust
Public trust
The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected....

. Misdemeanors are also defined.

In addition to the power arising from judicial warrant, decree laws empower the police to make arrests. These decree laws provide that any member of the public may, and the police must, arrest anyone found in flagrante delicto
In flagrante delicto
In flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...

. The privilege of not being subject to arrest unless caught in the act of committing a crime or by judicial warrant derives from the 1891 constitution and has been included in subsequent versions.

Article 5 of the 1988 constitution states: "No one shall be arrested except in the act of committing a crime or by written and substantiated order of a proper judicial authority." It states further that an arrest must be communicated immediately to a judge who, if he or she finds the arrest to be illegal, must order the release of the arrestee. In practice, there have been many violations of the constitutional guarantees, particularly in the late 1960s and early 1970s.

The process of bringing violators or suspected violators of the law to justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...

 usually begins in one of three ways. The first and most simple occurs in cases of flagrant. The second method is followed when illegal activity is uncovered during routine investigative work, after which a judge issues a warrant for the persons involved and arrests are made. The third method involves complaints from private citizens that, if borne out by evidence or otherwise deemed reasonable, result in the issuance of a warrant.

The handling of arrestees varies according to the nature of the crime, the nature of the charges, and in the past the social status
Social status
In sociology or anthropology, social status is the honor or prestige attached to one's position in society . It may also refer to a rank or position that one holds in a group, for example son or daughter, playmate, pupil, etc....

 of the accused. It used to be the case that an arrestee who held a university degree could not be held in a cell with those of a lower educational status, but had the right to a special cell and privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...

d treatment. Felonies that are punishable by imprisonment and for which the arrestee must be detained require thorough investigation followed by trial in an appropriate court. Offenses punishable by ordinary confinement of thirty days or less, or by small fines, usually are disposed of quickly at the lowest court level possible. A judge may direct that a prisoner be held in custody pending a preliminary hearing, or the judge may allow bail depending on the severity of the case. Prisoners may also be released on writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

.

According to law, within twenty-four hours of arrest, a prisoner must be given a copy of the complaint, signed by an authority and containing not only the details of the charge or charges but also the names of accusers and witnesses. To comply with these provisions, the police immediately must initiate an investigation. They must visit the scene of the incident, collect available evidence, interrogate witnesses, and compile a coherent account of what actually occurred. This information is presented as a police report to a judge, who then sets a date for a hearing.

The first step in the legal process
Legal process
Legal process , are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property...

 is a hearing, popularly known as an instruction session, to identify the parties involved and to determine whether a punishable offense occurred. Except for misdemeanors, the instruction session is not a trial but rather a hearing at which both the prosecution and the defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...

 are heard in presentation, rebuttal, and final argument
Argument
In philosophy and logic, an argument is an attempt to persuade someone of something, or give evidence or reasons for accepting a particular conclusion.Argument may also refer to:-Mathematics and computer science:...

. If the offense is a misdemeanor, the judge is permitted to turn the proceeding into a summary court and pronounce sentence. If the case involves a felony, no judgment
Judgment
A judgment , in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil...

 is possible at the instruction session. If the judge believes that there is evidence of probable guilt, the accused is indicted and a trial date is set.
There are constant tensions between the Civil Police and the Military Police in most states, and sometimes these forces get involved in shootouts. The Military Police are under the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 of special police courts, which are independent of ordinary courts. The court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

s consist of five judges, one civilian and four ranking Military Police officials. Congressional legislation that would place the Military Police under ordinary courts remained stalled in 1995. According to Country Reports on Human Rights
Human rights in Brazil
Human rights in Brazil are legally protected by the Brazilian Constitution, statutes and laws. However, there are serious issues in regard to human rights abuses. Brazil had a remarkably poor record during the dictatorship of the 1960s, and still has many problems today...

 Practices for 1994, "The Military Police courts are overloaded, seldom conduct rigorous investigations of fellow officers, and rarely convict them.

The separate system of state Military Police courts creates a climate of impunity for police elements involved in extrajudicial killings or abuse of prisoner
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...

s, which is the single largest obstacle to altering police behavior to eliminate such abuses." Punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....

 remains the exception rather than the rule. One study of police crimes against civilians in the Northeast, between 1970 and 1991, found that only 8 percent of the cases resulted in convictions. A separate study in São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...

 found that only 5 percent of similar crimes resulted in convictions.

In his first year as president, Fernando Henrique Cardoso
Fernando Henrique Cardoso
Fernando Henrique Cardoso – also known by his initials FHC – was the 34th President of the Federative Republic of Brazil for two terms from January 1, 1995 to December 31, 2002. He is an accomplished sociologist, professor and politician...

 sought to address some of the human rights violations in Brazil by unveiling a national human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 plan and creating a division within the Federal Police
Brazilian Federal Police
The Polícia Federal is the federal police force of Brazil subordinate to the Ministry of Justice, whose main assignments are the investigations of crimes against the Federal Government or its organs and companies, the combat of international drug trafficking and terrorism, and immigration and...

 tasked with investigating human rights abuses. In April 1995, Cardoso established an interministerial commission to address the problem of forced labor. In addition, Cardoso sought to compensate the families of those who were killed by state-sponsored agents during military rule.

Separately the federal Chamber of Deputies created a Human Rights Commission within the Chamber of Deputies
Chamber of Deputies of Brazil
The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...

. The 1988 constitution prohibits arbitrary
Arbitrary
Arbitrariness is a term given to choices and actions subject to individual will, judgment or preference, based solely upon an individual's opinion or discretion.Arbitrary decisions are not necessarily the same as random decisions...

 arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...

 or detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...

, limiting arrests to those caught in the act of committing a crime and those arrested by order of a judicial authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...

. Temporary detention is allowed for up to five days, under exceptional circumstances. Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s are permitted to extend that period. In practice, police sometimes detain street youths without judicial authority.

Penal Institutions

The two general categories of penal institutions are correctional and detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...

. The first category includes penitentiaries
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...

, houses of custody and treatment, penal and agricultural colonies, and houses of correction
Correction
Correction may refer to:* An euphemism for punishment* Correction , the posting of a notice of a mistake in a past issue of a newspaper* Correction , in financial markets, a short-term price decline...

. Of Brazil's approximately 5,000 penal institutions, fifty-one are correctional institutions, including twenty-seven penitentiaries, six houses of custody and treatment, twelve agricultural colonies, and six houses of correction. The second category includes military prison
Military prison
A military prison is a prison operated by the military. Military prisons are used variously to house prisoners of war, enemy combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a serious crime...

s, houses of detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...

, and juvenile correctional institutions.

The Federal Prison Department
National Prison Department (Brazil)
The National Prison Department in Brazil , is the agency responsible for security and administration of the federal prison system. This agency was reorganized in 2006, with the passage of several new laws and the construction of new prisons....

 (Departamento Penitenciário Nacional - Depen) is responsible for operating the penal system. Depen is subordinate to the National Council of Criminal and Prison Policy (Conselho Nacional de Política Criminal e Penitenciária - CNPCP), which is under the Ministry of Justice. Places of detention include twelve military prisons, 1,580 prisons, 2,803 jails, and five institutions for minor
Minor
Minor means "not important", and in Latin "smaller". It may also refer to:* an underage child, see Minor * Academic minor, a secondary focus of a Bachelor's degree, the primary focus being an academic major-Mathematics:...

s. The separate women's penal institutions are usually operated by nun
Nun
A nun is a woman who has taken vows committing her to live a spiritual life. She may be an ascetic who voluntarily chooses to leave mainstream society and live her life in prayer and contemplation in a monastery or convent...

s. Prisoners in penitentiaries are assigned to work units in maintenance shops and in light industrial plants that produce and maintain the clothing and furnishings used in the institutions. In some minimum security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...

 agricultural colonies, inmates have their families live with them during their incarceration.

Prison conditions generally range from poor to harsh, and include overcrowding, a lack of hygiene, poor nutrition, and even instances of torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

. In 1995 Brazil's overcrowded prisons held 129,169 inmates in space designed for 59,954. That compares with 23,385 inmates in 1965, nearly a sixfold increase. In 2010, the number exceeded 470,000. Often there are six to eight prisoner
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...

s in a cell meant for three. The Ministry of Justice reported that thirty-three prison rebellion
Rebellion
Rebellion, uprising or insurrection, is a refusal of obedience or order. It may, therefore, be seen as encompassing a range of behaviors aimed at destroying or replacing an established authority such as a government or a head of state...

s occurred in 1994, while attempted or successful escapes averaged almost nine per day.

Internal security
Internal security
Internal security, or IS, is the act of keeping peace within the borders of a sovereign state or other self-governing territories. generally by upholding the national law and defending against internal security threats...

 in Brazil is primarily the responsibility of state government
State government
A state government is the government of a subnational entity in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government...

s. The Federal Police play only a minor role and are limited by their small force. The largest and most important State Police force is the Military Police, whose members are uniformed and responsible for maintaining order. They also serve as army reserves. The Civil Police constitute a much smaller force, and are responsible for investigations.

See also

  • Law enforcement in Brazil
  • List of Brazilian states by murder rate
  • Social apartheid in Brazil
    Social apartheid in Brazil
    The term social apartheid has been used to describe various aspects of economic inequality in Brazil, drawing a parallel with the separation of whites and blacks in South African society under the apartheid regime.-Origins:...

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