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STJ Orders São Paulo to Produce Protocol on Policing of Protests

The court found the state failed to regulate Military Police conduct and set a 60-day timetable for a diagnostic report and public input to limit use of force.

Overview

  • The Superior Tribunal de Justiça ruled that São Paulo was legally omissive and instructed the state to deliver a diagnostic report and a protest-policing protocol within 60 days, a decision issued by the First Panel in mid‑June and disclosed at the end of the month.
  • The court spelled out minimum operational rules to include visible identification of officers, a designated civilian negotiator, prior notice before dispersals, strict limits on tear gas and shock devices, and a ban on firearms and rubber bullets except in legally authorized cases.
  • The ruling stems from a 2014 public civil action by the Defensoria Pública based on alleged Police Military abuses in 2011–2013 protests, including mass detentions and tactical munitions use that injured civilians and journalists.
  • The state government says it has been formally notified and the Procuradoria Geral do Estado is reviewing the decision, leaving the exact content and enforcement of the new protocol pending executive drafting and judicial follow‑up.
  • If implemented, the court’s orders aim to increase transparency and oversight by requiring public hearings, civil‑society participation and training plans, which could change how protests are policed and how citizens document and hold officers accountable.