CNJ determines that death certificates must provide context of the cause of death in police action

Currently, records of deaths in these circumstances only note the medical cause, without the context of the death. Now, with the council's determination, both issues will have to be included in the document.

🚨 The rule applies, for example, to victims of gunshots in police actions and cases of disappearance in these circumstances in which the presumed death is validated by the Judiciary.

The resolution, approved unanimously in the virtual plenary of the council, establishes that death as a result of or in the context of intervention by public security bodies is one caused directly or indirectly by agents of:

The measure also applies to other categories or institutions that have security-related police powers.

The CNJ also prohibited these records in the certificates from using stigmatizing, criminalizing expressions or that naturalize violence, such as “resistance”, “resistance followed by death”, “confrontation”, “opposition” to police intervention.

The council's guidance is that the following wording be adopted: “unnatural, violent death, occurring as a result of or in the context of intervention by a public security body, in accordance with the title presented”.

The decision also allows the rectification of certificates of people killed in this condition when there is a court decision that recognizes the cause of police action

The idea is to ensure greater transparency, monitoring and control of public records on state lethality, in addition to guaranteeing access to reparations and benefits.

The inclusion of data in the registry does not imply automatic recognition of civil, administrative or criminal liability of the State, or of public agents.

Rapporteur of the proposal, the president of the CNJ and the Federal Supreme Court (STF), Minister Edson Fachin, stated that the measure is a concrete advance in combating State violence and strengthening the protection of victims and their families through the justice system.

Fachin said that the measure fulfills obligations under the American Convention on Human Rights, should help the development of public policies aimed at reducing deaths resulting from public security actions and does not anticipate judgment on possible civil, administrative or criminal liability, which will have to be determined in specific court procedures.