Permanent Mission of Brazil to the United Nations Office

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Permanent Mission of Brazil to the United Nations Office

and other International Organizations in Geneva

Ch. Louis-Dunant, 15 - 1202 – Geneva / Switzerland

Phone: (+41) (0)22 332 50 00 / Fax: (+41) (0)22 910 07 51 E-mail:

Human Rights Council

27th Session (Item 3)

Clustered ID with SR on truth, justice, reparation and non-recurrence & WG on arbitrary detention

Brazil reiterates its interest in a continuing dialogue with the Working Group on Arbitrary Detention and their recommendations.

The WG report identifies challenges that Brazil already acknowledges and has sought to overcome. It is, however, regrettable that the WG has not taken into account many of the comments to the preliminary report, which were meant to correct inaccuracies and inappropriate generalizations. Also, many statements do not make reference to the sources.

For instance, it is not accurate to attribute challenges faced by the country to an "authoritarian culture". Brazil is a plural, participatory democracy where emancipation and empowerment of citizens and social groups are sought, including through consultative and deliberative bodies that feed into public policies.

Eradication of discrimination is a priority for Brazil. It is incorrect to state that the number of indigenous individuals in detention increased at a rate of 33% in recent years. According to the Ministry of Justice, between 2010 and 2012, this number increased by only 13%. Taking into account the total Brazilian prison population, the indigenous population accounts for only 0.16%. Moreover, indigenous peoples are subject to a special criminal legislation which entitles them to a differentiated and protective regime.

The report is also misleading when it states that compulsory hospitalization of drug users is commonplace in Brazil. The number of instances mentioned in the report is also unfounded. Drug users are not detained for prolonged periods with no right of appeal. A 2006 law brought significant changes in relation to drug-related crimes, granting special treatment to drug users by dismissing freedom-restricting penalties. The State of São Paulo began a program, in 2013, in partnership with the Public Prosecution Service and the Appellate Court, to provide support to chemical dependents and their families. After a year, only four patients had their hospitalization judicially ordered and at the request of their famílies.

We also regret the inclusion of paragraphs about the confinement of mentally handicapped persons, since the WG mission did not include visits to psychiatric care units. The report also does not specify the sources consulted.

Equally ill-founded are generalizations regarding the judiciary. In 2012, the total budget for the Judiciary amounted to 57 billion dollars. The Federal Constitution grants administrative and financial autonomy to the judiciary and judges enjoy life tenure, irremovability and irreducibility of wage. Courts throughout the country are monitored and supervised by the National Council of Justice, which sets annual performance targets.

It is also inaccurate to say that Public Prosecution Service has no investigative powers. In fact, the Service is constitutionally mandated to defend the democratic order and the inalienable social and individual rights. It enjoys a wide range of prerogatives and may freely carry out any investigation deemed necessary.

The references to the Federal Police are also incorrect. Their attributions are defined in our Constitution and several related laws. To implement their responsibilities, the Federal Police Department (DPF) currently counts on more than 13,000 employees. Their functions contemplate a long list of administrative and judicial assignments, including repressive, preventive and investigative functions. The Department also performs a broad range of security related activities.

In addition, the scope of the National Penitentiary Department of the Ministry of Justice's responsibilities is much broader than just financing and maintaining prisons. It includes, inter alia, planning, coordination, monitoring, supervision, technical assistance, and collaboration with states.

Moreover, Brazilian immigration laws are the object of constant attention by the National Immigration Council, and a new migration bill is under discussion in Congress. It is incorrect to say that migrants have resorted to asylum requests in order to legalize their status. Many immigrants have been accepted as refugees, upon approval by the National Committee for Refugees.

The reference to children in Paragraph 122 is misleading as well. The Brazilian Statute of Children and Adolescents establishes that only after 12 years of age socio-educational measures for adolescents apply.

We would like to highlight that the Public Defenders’ Offices in the states of Paraná, Santa Catarina, São Paulo and Goiás. Such offices are adequately established and already count on a significant number of working defenders. Therefore, the recommendation in paragraph 148 is not applicable.

Finally, in relation to the recommendation contained in point ("g") of the same paragraph it should be clarified that, as of 2011, all civil police jails in the state of Rio de Janeiro have been deactivated. Currently, inmates remain under the responsibility of the State Department of Corrections.

Thank you.