Development: On 17 June a judge in Rio de Janeiro ordered the army to leave the central Rio favela of Morro da Providência following the death of three young men who were handed over to a rival gang by a group of soldiers.
Significance: The ruling brings to the fore the tensions between the government and local authorities over the role of the armed forces in urban security. Judge Regina Coeli Medeiros de Carvalho ruled that army troops should leave Providência, although military technical personnel involved in social projects will be allowed to remain.
The judge based her ruling on the fact that the constitution does not allow the use of the army as a police force. Only last week the defence minister, Nelson Jobim, said he intended to send to congress by the end of the year a proposed new legal statute officially sanctioning the use of the armed forces for 'urban conflicts', such as drug trafficking in the favelas. The proposal falls under the ministry's new National Defence Plan, due to be presented to Lula in September.
Seven soldiers, three sergeants and one officer were involved in the incident, which took place on 14 June. The officers caught three young men, allegedly took them to a local army barracks and later transported them in a military truck to a neighbouring favela, Morro da Mineira, which is controlled by a rival drugs gang. The bodies of the three young men (aged 17, 19 and 23) were found in the early hours of 15 June in a rubbish dump: they had all been tortured and mutilated before being shot in the face.
According to some press reports the soldiers 'sold' the three to the rival gang. According to their own leaked statements, they wanted to teach the three a lesson for disobeying army orders and, somewhat disingenuously, did not expect them to be killed.
Rio's civil police force has detained the 11 members of the military involved, three of whom have allegedly confessed to the crime. They face prosecution for kidnapping and may also face homicide charges. Rio's state governor, Sergio Cabral, has categorized the acts as criminal.
The case has shocked Brazil and forced the government into an uncomfortable position. While police officers have long been known to be corrupt and heavily involved with local drug-trafficking gangs, this is the first time the army has been exposed in this manner.
The army has been stationed in Providência since the end of 2007, ostensibly in order to provide security for various social investment and infrastructure projects run by the Cities Ministry. However, residents have not always welcomed the army and their presences has been criticised by local authorities, human-rights groups and opposition politicians. After the bodies were found, locals in Providência mounted several attacks on patrolling soldiers. The soldiers responded with tear gas.
President Lula da Silva said yesterday that the death of the young men was “abominable". He called for justice and said the state would have to compensate the families of the victims for their loss. However, the president stopped short of saying the army should be withdrawn from the favelas, saying that it would be pre-emptive to allow one “very serious error" to dictate any decision.
The army will receive formal notification from the Rio judiciary on 19 June. If it fails to comply, it will face a fine of R$10,000 per day. The government might appeal the ruling.