Conventionality Control by the STF

the case of Favela Nova Brasília and ADPF 635

Abstract

The story that led to the case of Favela Nova Brasília v. Brazil is one of violence perpetrated by state agents in a slaughter. Unfortunately, massacres are not strange in the history of Rio de Janeiro, much less the commonplace police violence that, with its high lethality, in 2019 boasted the mark of the fourth most lethal police in the world – behind only the Philippine, Venezuelan police and the rest of the Brazilian police together. In this scenario, the Brazilian conviction in the aforementioned case, as well as the resolutive points of the sentence, represents a significant advance in the search for a citizen's public security policy. However, failure to comply with the sentence is evident, with the Jacarezinho massacre being a recent example of a long list of violations in Rio de Janeiro. The non-compliance, as well as the continuity of the violations, motivated, in 2019, the initial petition of ADPF 635, which is based, among other arguments, on the need to comply with the sentence in the case Favela Nova Brasília v. Brazil – such as the elaboration of a plan aimed at reducing police lethality and controlling human rights violations by the Rio de Janeiro security forces. Through the analysis of the sentence of the Favela Nova Brasília case and ADPF 635, using the methodology that consists of the bibliographic research on the use of conventionality control, it is sought to prove that Brazil did not comply with or submit to conventionality control in similar issues related to public safety. At the same time, the legal bases that justify the duty of Brazilian courts to exercise conventionality control in the case of Favela Nova Brasília v. Brazil and national experiences in terms of conventionality control will be investigated, with special attention to compliance with the sentence in the case Favela Nova Brasília v. Brazil through ADPF 635.