Civil Society and Citizen Security in Brazil: A Fragile but Evolving Relationship by Elizabeth Leeds WOLA Senior Fellow for Brazil
The relationship between civil society and public safety officials in Brazil has evolved steadily over the past three decades. Human rights groups and academics are increasingly involved in discussions with members of the police and government officials about how to improve both the effectiveness and accountability of public safety policies. Despite certain political openings for rights-respecting policies at the state and federal level, deep-seated obstacles remain that frequently hinder the reforms’ potential for success.
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Introduction as the maintainer of order “on the street.” The separate investigatory Civil Police was Brazil since re-democratization has witnessed charged with carrying out its role with little relatively significant advances in public communication and coordination with the policies with regard to health, education, Military Police. In the intervening years, racial, and gender equality. Much of this the two institutions expanded their ranks progress is the result of the actions of vibrant and consolidated their separate corporate and dynamic civil society organizations and identities, increasing resistance to calls for social movements that pressed for change unification or integration of functions. while in opposition to state and federal Thus, serving a constitutionally- governments and then built upon those mandated federal system with 26 states changes when political openings allowed for and the Federal District, Brasília, Brazil’s participation as elected political actors. police forces are organized into state-level Most of those changes were codified in jurisdictions with the exception of the Federal the Democratic Constitution of 1988 that, on Police, which has the formal responsibility paper at least, changed virtually all aspects of for national borders, airports and ports, government, decentralized many government and such trans-border criminal activities functions, and allowed for the creation of as drug-trading and money laundering. The citizen councils at the local level as oversight two police services that have the most direct mechanisms for health, education, and the impact on citizen security—the Military environment, among other policy areas. Police and the Civil Police—generally reflect Of all public policy arenas, however, the longstanding history and culture of their public safety has been the hardest to change. particular states and regions—a variable With the exception of the nominal and whose implications are great for attempts to symbolic change of the role of the police foster institutional change. from national security (segurança nacional) There are advantages and disadvantages to public safety (segurança pública), to having the primary jurisdiction of signifying a progression from protecting the police at the state level. The primary the state to protecting individual citizens, advantages are the flexibility to innovate and the 1988 Constitution left police institutions the potential for state-level change despite the unchanged from the model implanted in formal constraints of the Constitution. The 1964 at the start of the Military Regime. past decade has seen significant progress in a The Constitution’s Article 144 maintained number of states—São Paulo, Rio de Janeiro, the primary responsibility for public safety Minas Gerais, Pernambuco, Rio Grande at the state level as well as the hierarchical do Sul, and Ceará, for example, instituted structure of the Military Police1 and its role innovative practices that have had varying degrees of permanence.
1 Despite its name and recent past history of closer relations to the Armed Forces, the Military Police today is one of two civilian police forces under the control of each state government. WOLA | JUNE 2013 3
As in many countries in the region, the over-arching trend in public safety policies in Brazil is a swinging pendulum of innovations versus retraction with proactive, forward-thinking policies frequently followed by a return to traditional reactive, and frequently repressive, crime-fighting policies.
These advances occur in particular for good governance. Pacto Pela Vida has now political moments when gubernatorial been introduced in Bahia to help reduce that visions and particular political coalitions state’s elevated homicide rates. of the moment allow for the implantation The disadvantage of such an arrangement of innovative policies that are occasionally is that, officially, federal bodies, such as adapted in other states. The most successful the Justice Ministry, for example, and example of state-to-state learning is the municipal authorities cannot have primary Fica Vivo! (Stay Alive!) program in Belo responsibility for public safety programs even Horizonte in the state of Minas Gerais, which when it makes sense to have responsibility significantly reduced homicide rates in low- lie there. In Brazil’s largest states with both income neighborhoods through multisectoral large metropolitan urban areas and vast rural partnerships between the Military and expanses, to have the jurisdiction solely in the Civil Police, the municipal Education and hands of state authorities can be inefficient Health Departments, the Federal University and ineffective. of Minas Gerais and the Prosecutor’s As in many countries in the region, the Office. The program was then adapted with over-arching trend in public safety policies similar results in Recife, the capitol of the is a swinging pendulum of innovation Northeastern state of Pernambuco, in a versus retraction with proactive, forward- project called Pacto Pela Vida (Pact for Life), thinking policies frequently followed by a which recently won a United Nations award return to traditional reactive, and frequently repressive, crime-fighting policies. In other words, rarely do the innovative policies get institutionalized permanently.
Civil Society and Public Safety
Throughout the 1980s and early 1990s, civil society organizations and academics were by and large reluctant to engage the issues of public safety and police reform since these actors were the targets of the Military Regime and victims of police repression. Throughout this period, traditional human Photo: Lúcia Sebe / Imprensa MG rights organizations took on the necessary At-risk youth in Minas Gerais participate in a soccer league as part role of denouncing specific human rights of the Fica Vivo! Program 4 Civil Society and Citizen Security in Brazil
abuses practiced by the police, but the larger (2002-2010), first under the leadership of and more complex issues of institutional Luiz Eduardo Soares as National Secretary change, requiring engagement with the more for Public Safety under the Justice Ministry progressive elements of the police, have (2002), and followed by the initiative of been far more challenging. Collaborating Justice Minister Tarso Genro in Lula’s with progressive police in efforts to affect second administration, that CONASP was institutional change, until very recently, expanded to include freely elected civil society was seen as a betrayal of human rights representatives and took on a deliberative principles and priorities. A new generation role. of rights organizations willing to partner The enhanced role of CONASP was one with progressive police elements to work for of the many demands of the first National change was seen as selling out, too close to Conference on Public Safety (Conferência government, or labeled with the pejorative Nacional de Segurança Pública, CONSEG) term chapa branca, referring to white organized by the National Secretariat government vehicle license plates. of Public Safety in 2009. CONSEG The resistance of civil society actors brought together public safety personnel, to participate in public safety policy researchers, and civil society organizations deliberations was most certainly also a result from throughout the country. After 1,433 of constitutional limits on such participation. preparatory conferences at local, state, and One of the most interesting features of the federal levels to establish a basic framework 1988 Constitution was the creation of new for a working text, the final report, while institutional structures for the formulation, reflecting the inevitable conflicts of such a implementation, and monitoring of public diverse set of actors, nevertheless set forth the policies as a way of insuring accountability basic principles of what has come to be known in governance. The Public Policy Councils as the “new paradigm” of Brazilian public (Conselhos) at municipal, state, and federal safety: levels were given the formal juridical 1) crime prevention rather than responsibility for promoting transparency repression; in all public policy areas except that of public safety. The National Public Safety 2) federal and municipal levels sharing Council (Conselho Nacional de Segurança responsibility with state jurisdictions Pública, CONASP), allowed for by the for public safety policies through 1988 Constitution was different from other decentralized programs; policy councils in that it was limited to a 3) problems of crime and violence as seen consultative role (as opposed to a deliberative through a multicausal and multisectoral role). Its members were appointed by the lens involving various segments of minister or other government officials instead government and not just the police; and of through a free election. 4) the rights of citizens as an integral It was only during the two terms of the theme of all public safety policies. Luiz Inácio Lula da Silva administration WOLA | JUNE 2013 5
For the first time, the notion ofsegurança Civil Society Impact at the Federal cidadã (citizen security) appears in official Level government language. The “new paradigm” would be expressed In addition to the issue of who represents through various vehicles, the most prominent civil society in public safety debates at the of which was the National Program of Public national level, a second key issue is what kind Safety with Citizenship (Programa Nacional de of civil society intervention can have the most Segurança Pública com Cidadania, Pronasci). effective impact and can be recognized by key Although begun in 2007 at the beginning of ministries and legislative bodies that have the Lula’s second term under the leadership of power to make meaningful changes. Given Tarso Genro, Pronasci reached an accelerated relative autonomy at the state level, what kind pace only in 2009. Through federal financing of intervention can be productively made at the of states and municipalities, Pronasci sought federal level? And finally, what can be done at to articulate public safety policies with social the national level to create an ongoing space programs prioritizing prevention. for discussion of proactive and progressive While Pronasci was far from perfect in public safety policy rather than merely reacting terms of management of its multi-faceted to inevitable and frequently recurring public agenda, it was nevertheless a significant safety crises? departure in terms of its violence prevention The Brazilian Forum for Public Safety and human rights foci and the enhanced (Fórum Brasileiro de Segurança Pública) role of the Federal Government in financing was founded in 2006 to address such issues. municipal-level programs. Once again, With a mission to create a permanent space however, discontinuity of public policies ruled for dialogue, it has established a national the day, and funding for Pronasci was sharply presence as an independent, non-partisan curtailed at the start of Dilma Rousseff’s voice for applied research and technical administrationin 2011. In an example of the assistance and a stage for the open discussion critical but constructive role of civil society of key issues of public safety reform. Since its organizations, the long-standing Brasilia-based founding, the Forum’s mission has been to NGO, the Institute for Socioeconomic Studies bring to the table actors and organizations that (Instituto de Estudos Socioeconômicos, INESC), historically did not communicate or, worse, pioneers in the analysis and monitoring denounced each other publicly. Comprising of Federal Government budgets, sharply three communities—progressive police with criticized the management of Pronasci but a reform agenda, applied academics, and civil strongly advocated for its continuation after society organizations willing to engage the a thorough revision of management practices police and public safety policies—it has, since and priorities (Graça, 2012). Pronasci remains its founding six years ago, become a national a reduced and second-tier program. reference for reform efforts. Through applied research, the publication of Brazil’s first journal dedicated to public 6 Civil Society and Citizen Security in Brazil
It is critical that civil society actors advocate for the maintenance or reformulation, if necessary, of government programs when those have been shown to advance the cause of respectful and effective public safety policies.
safety and policing (Revista Brasileira each subsequent publication, and with the de Segurança Pública), an annual report important role of the media throughout the monitoring public safety policy nation-wide country in disseminating, interpreting, and (Anuário), an annual national meeting that calling attention to the importance of reliable has brought together 5,200 representatives and credible public safety data, the Justice of all three communities over the course Ministry became convinced of the need to of six years, and an interactive website improve and regularize the reporting process. (forumseguranca.org.br), the Forum has With the Forum’s assistance, in 2012 the played the crucial role of articulating and Ministry created the National Information supporting a national network of actors to System for Public Security, Prisons, and engage in unprecedented conversations. Drugs (Sistema Nacional de Informações de Cross-cutting all these activities is the aim to Segurança Pública, Prisionais e sobre Drogas, foster transparency, carry out objective policy SINESP). evaluation, and provide access to information Recognizing that police accountability as tools for accountability in public safety and transparency of public safety practices policy. are among the most pressing and most TheAnuário is an example of the delicate difficult issues to address, the question balance of partnering with the federal remains—how does the Forum create government, of remaining sufficiently mechanisms for effective and respectful independent to criticize when necessary, policing and how to most convincingly and developing the credibility and influence, approach these issues with and not just in through a high-quality publication, to change opposition to the police? With a significant government policy. The Anuário reports each police presence within the body of the year on key elements of public safety policy in Forum’s members and with at least half of all twenty-six states and the Federal District, the Forum’s Board of Directors from the relying on SENASP to furnish data on every ranks of the various police organizations state. SENASP, in turn, relies on each state (Military, Civil, and Federal), the choice of to furnish its own public safety data. With research topics, the governance of the Forum, the publication of the firstAnuário in 2007, and its priorities and future directions are it became obvious that public safety data was all determined in partnership with forward- of poor quality and lacked consistency from thinking police. state to state. The quality of the Forum’s publications The Forum’s analyses of the data, and the visibility of such events as the Annual pointing out the problems, reinforced Meeting have given the Forum credibility the need for improvement of information at the national level, resulting in demands gathering as the basis for transparency for the Forum’s help in formulating new and improving public safety policy. With public safety policy. For example, the Forum WOLA | JUNE 2013 7
has been asked to assist the Sub-Committee are numerous experiences of successful for Public Safety of the National Congress in municipal, state, and federal level innovations proposing a Constitutional Amendment to “de- in public safety that have been linked to a constitutionalize” the police—that is, to release particular political administration or to a the police organizations from the constraints of particular moment in history. Those advances the outdated Constitutional article that legally are frequently eroded when that political prevents the kinds of structural reform so moment has passed and new political actors badly needed. Additionally the Justice Ministry are concerned with forging new identities or has requested the Forum’s help in designing have different priorities. Progress made in the implementation of the Unified System for one moment is inevitably lost in subsequent Public Safety (Sistema Único de Segurança moments. It is critical that civil society actors Pública, SUSP). The Forum, in short, has been advocate for the maintenance or reformulation, asked to help carry out the “new paradigm” for if necessary, of government programs when public safety in Brazil. those have been shown to advance the cause of respectful and effective public safety policies. Strategies for Advocacy Two programs mentioned in this essay, Pronasci at the federal level and Fica Vivo! As these examples of civil society participation at the state level in Minas Gerais, the first in public safety have shown, there has been a showing potential but in need of revision, slow but evolving shift in the willingness of and the second a proven success but not civil society actors and organizations to, first, institutionalized as a permanent policy, become involved with the issue at all and, should be the targets of advocacy efforts by second, engage in a manner that is critically civil society actors. Advances in civil society constructive in a non-ideological and non- opportunities to promote accountability and partisan way. What are the most effective ways transparency should not go unrealized. Those that civil society organization can advocate for advances show that societal participation is reforms in the coming years? both possible and essential. As foregoing examples have noted, there
For further reading, see: Graça, Eliana. 2012. “Pronasci: uma revisão necessária.” http:// Safety,” in Renato Sergio de Lima, Between Words and www.inesc.org.br/notícias-do-inesc/2-21/janeiro. Numbers: Violence, Democracy and Public Safety in Brazil . Saarbrucken: VDM Verlag Dr. Müller. Kruchin, Maraian Kiefer. 2013. “Análise da introdução de um novo paradigma em segurança pública no Brasil.” Revista Sá e Silva, Fábio. 2012. “ ‘Nem isto, nem aquilo’: trajetória e Brasileira de Segurança Pública, 7(1): 40-56 Fev/Mar.
Acknowledgements: WOLA Executive Director Joy Olson and Communications Director Kristel Muciño provided valuable comments and feedback during the production of this report. Program Officer Joseph Bateman and ogramPr Assistant Ana Goerdt assisted in the design and editing of the report.
Cover Photo: Members of the Military and Civil Police in the state of Amazonas participate in a training program on community policing, violence prevention, and human rights. Photo by Nonato Duarte, Amazonas State Government Communication Agency.
ISBN: 978-0-0859307-5-2