Study by Clinic for Access to Justice published in Federal Public Prosecutors’ Office collection

The article’s conclusion is that contrary to the recommendations of the Inter-American Human Rights Commission, the public authorities adopted an essentially combative stance in legal processes and there were great disparities between different judgments and excessive processing times.
Law
14 January 2021
Study by Clinic for Access to Justice published in Federal Public Prosecutors’ Office collection

A paper written by students at the Clinic for Access to Justice and Public Interest Advocacy at Fundação Getulio Vargas’ Sao Paulo Law School was published in a collection of articles called State Violence: external control of policing, society and the justice system, organized by the Federal Public Prosecutors’ Office. The paper examines compensation and reparations for the families of victims of the Carandiru Massacre.

The article’s conclusion is that contrary to the recommendations of the Inter-American Human Rights Commission, the public authorities adopted an essentially combative stance in legal processes and there were great disparities between different judgments and excessive processing times, due to lengthy discussions on procedural issues, applicable inflation adjustment, court orders and abandonment of processes by justice system stakeholders.

“Having contact with these processes makes us think about the importance of studying and researching access to justice based on real cases and focusing on ordinary people’s experience with the judiciary, which in these cases just compounded their suffering,” says Maria Cecília de Araújo Asperti, the study’s coordinator.

The clinic’s research paper, “(No) access to justice in cases of compensation for the relatives of the victims of the Carandiru Massacre,” arose from an initial survey carried out by the FGV Sao Paulo Law School’s Center for Studies on Crime and Punishment between 2011 and 2015, called “Carandiru is not a thing of the past.”

The aim was to learn about the civil reparation lawsuits filed by the relatives of the massacre’s victims and, based on an in-depth analysis of 10 of these 66 cases, to investigate whether the Brazilian state was able to adequately compensate these relatives and whether their right to justice was upheld.

In conducting this analysis, the researchers looked at the main arguments underlying the legal sentences related to claims for damages at different instances and procedural bottlenecks during the processing of these lawsuits, in both information collection and execution phases.

The study was carried out in the second half of 2018 by researchers Alice Pereira Kok, Aline Herscovici, Constanza Bodini, Laurianne-Marie Schippers, Letícia Kaplan, Luca Codazzi Corrêa de Mendonça, Marcella Penhalber, Melissa Marien Marques, Paula Gouvêa Barbosa and Rafaella Coutinho Monesi.

The Carandiru Massacre is the name given to the slaughter that took place on October 2, 1992 in Sao Paulo Prison following an intervention by the Military Police to contain a rebellion. This intervention led to the deaths of 111 prisoners.

Click HERE to access the Federal Public Prosecutors’ Office’s publication, State Violence: external control of policing, society and the justice system, and to read the paper setting out these research findings.

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