The Minister of the Federal Supreme Court (STF) Alexandre de Moraes determined, in a decision published this Sunday (2), the “rigorous and complete” preservation of the material elements related to the execution of the Operation Containmentwhich left 121 dead in the Alemão and Penha complexes, in the north of the city of Rio de Janeiro. It was the most lethal police raid in the state’s history, carried out last Tuesday (28).
The decision covers forensic examinations and chains of custody. Alexandre de Moraes responded to a request made by the Federal Public Defender’s Office (DPU) and also ensured the control and investigation of material elements by the Public Ministry, providing access to information also by the DPU itself in the state of Rio de Janeiro.
The new measure took place in the files of the Allegation of Failure to Comply with Fundamental Precepts (ADPF) No. 635, known as the ADPF das Favelas and originated in an action filed in 2019 by the Brazilian Socialist Party (PSB).
The minister highlighted that the determination follows what was established by the Plenary of the STF in the judgment of the merits of the action, according to which traces of crimes must be preserved and the technical independence of experts in investigations of crimes against life must be ensured. The governor of the State of Rio de Janeiro, Cláudio Castro, is expected to be summoned this Sunday to ensure compliance with the decision.
In April this year, the STF defined several measures to combat police lethality during Military Police operations against organized crime in the communities of Rio de Janeiro. After the conclusion of the judgment of ADPF nº 635, several bodies, including the Federal Public Defender’s Office and the National Council of the Public Ministry (CNMP), were responsible for monitoring compliance with the decision.
In the last week, the discussion about ADPF das Favelas resurfaced with the launch of Operation Containmentin an attempt to stop the territorial advance of the Comando Vermelho faction in the city. At the time, Governor Claudio Castro once again criticized the Supreme Court’s decision and called the ADPF “cursed”.
Moraes scheduled for next Monday (3) a meeting with the governor of Rio de Janeiro and other authorities, to discuss Operation Containment. During the meeting, the governor must present the 18 clarifications requested by the minister about the operation.
Public hearing
Minister Alexandre de Moraes also appointed a joint hearing for next Wednesday (5), at 10 am, in the room of the First Panel of the STF, with the participation of several bodies and entities, such as the National Human Rights Council (CNDH), the Commission for the Defense of Human Rights and Citizenship of the Legislative Assembly of the State of Rio de Janeiro; Angels of Liberty Institute; Human Rights Network Association – Conectas Human Rights; Maré Development Networks Association – Redes da Maré; Education and Citizenship of Needy Afro-descendants – Educafro; Global Justice; Network of Communities and Movements against Violence; Fala Akari Collective; Coletivo Papo Reto; Right to Memory and Racial Justice Initiative; Unified Black Movement (MNU); Center for Justice and International Law – CEJIL; UFRJ Human Rights Laboratory; between others.
At another point in this Sunday’s decision, the minister rejected requests from several entities to participate as amicus curiae and the requirements for participation in the hearings to be held on November 3, 2025.
