GARANTIAS EM CONFLITO O PARADOXO ENTRE A SEGURANÇA PÚBLICA E OS DIREITOS HUMANOS NA ADPF 635 E SUA ABORDAGEM ESTRUTURAL

Abstract

The present article aims to demonstrate that fundamental guarantees sometimes come into conflict. And, as with any conflict brought to the Judiciary’s attention, it must be resolved. A clear and recent example of this tension between guarantees, with significant repercussions in Brazil, has been ADPF 635, also known as the "ADPF of the Favelas." Communities in the State of Rio de Janeiro have long complained about police lethality and arbitrariness during police operations aimed at combating organized crime in these areas. Numerous reports and data corroborate the outrage. On the other hand, punitive discourses, almost representative of an Enemy Criminal Law, propagated by high-ranking authorities, suggest that criminal organizations must be fought at all costs. Caught in the crossfire are the poor residents of the communities, who lack access to public services precisely because of the state's absence resulting from the loss of territory to organized crime. However, they are doubly penalized when the state intervenes to fight this criminality, as it often ends up committing excesses that sometimes cost innocent lives. The Judiciary is called upon to take a stance. But how can such a complex situation, involving so many actors, rights, and lives, be effectively addressed in procedural terms?