Judicial Protection of Life in the Face of Police Lethality in Rio de Janeiro: Constitutional and International Foundations

Abstract

This article examines the judgment of Claim of Breach of Fundamental Precept (ADPF) No. 635, known as the “Favelas Case,” in which the Brazilian Federal Supreme Court (STF) recognized a structural unconstitutional situation in Rio de Janeiro’s public security system. The study analyzes how the STF integrates the constitutional protection of life and human dignity (Articles 1, III, and 5 of the 1988 Constitution) with Brazil’s international obligations under the American Convention on Human Rights and the International Covenant on Civil and Political Rights. Methodologically, the article employs a combination of normative, jurisprudential, and documentary analysis, drawing on national and international reports on police lethality. It argues that ADPF 635 constitutes a milestone in structural litigation by imposing legal limits on police operations and reaffirming the State’s duty to prevent, investigate, and hold public agents accountable for abuses. The conclusion highlights that overcoming the militarized model of public security requires transparency, effective external oversight, institutional reforms, and human-rights-based public policies. The case demonstrates that the protection of life is not only a constitutional imperative but also an international duty essential to the construction of a democratic public security system.