Overview
- In an 8–1 decision, the justices held that victims do not need to prove state fault for harm caused by security forces during demonstrations, with the government bearing the burden to rebut liability such as by showing exclusive victim fault.
- The case stems from the 2015 Centro Cívico crackdown in Curitiba, where more than 200 people were injured during a police operation at a public protest.
- From the bench, Flávio Dino said the Court does not impede legitimate police operations but will not legitimize a “vale-tudo,” urging a general doctrine for police action grounded in legality and proportionality.
- Dino’s remarks referenced Operação Contenção in Rio de Janeiro’s Penha and Alemão complexes, reported to have left at least 119 dead and described as the most lethal operation in Rio according to state police figures.
- Alexandre de Moraes was designated to issue urgent orders in the ADPF das Favelas case following Luís Roberto Barroso’s retirement, with previously set measures to reduce police lethality in Rio remaining in effect.