Funk dance in Paraisópolis: nine São Paulo State Police officers charged with manslaughter

RIO DE JANEIRO, BRAZIL – Nine State Police officers have been charged by the São Paulo Civil Police with involuntary manslaughter, for the action that resulted in the death of 9 youths at a funk dance in Paraisópolis, a favela in the capital’s south zone, in December 2019.

The investigation has not yet been completed by the Department of Homicide and Protection to Person (DHPP) or forwarded to the courts, but the detective in charge of the case Manoel Fernandes Soares has established that the deaths resulted from the culpable action of 9 of the 31 officers removed from street duties after the tragedy.

According to SSP (São Paulo Public Safety Secretariat), the DHPP reports that the investigation will have its final report forwarded to the Court once completed. After analyzing the evidence in the records, the police found 9 officers guilty of involuntary manslaughter. This decision was forwarded to the Prosecutor’s Office and to the Judiciary on June 23.

According to the charge sheet, the police officers failed to comply with “the due care required of them, and a lethal outcome in the context of the action would have been foreseeable.” According to the detective, the officers involved were aware of the complexity of the DZ7 dance, and that the approach of the police cars “would cause a commotion and hostile behavior on the part of the participants.”

Attorney Fernando Capano, representing 5 of the 9 police officers indicted in the investigation reported in a statement that the charge of involuntary manslaughter “is not consistent with the true legal reading of the facts.”

In his opinion, there is no way to establish a causal link between the police officers’ conduct and the cause of deaths. “The defense expects that the Prosecutor’s Office will eventually come to the conclusion that there is no grounds for indictment,” he said.

Should the Prosecutor’s Office agree with the police chief’s findings, the attorney says that he will “fight until the end for the officer’s full acquittal, so that the real culprits of this tragedy may be held accountable.”

In the December 1, 2019 tragedy, some 5,000 people were attending a DZ7 dance in the Paraisópolis favela. That night, a police operation left 9 people dead, aged between 16 and 23. At least 12 other people were injured.

None of the victims lived in Paraisópolis. Among them were students, vendors and unemployed people living in neighborhoods such as Capão Redondo, also in the south zone, Vila Matilde, in the east zone, and in cities of Greater São Paulo, such as Mogi das Cruzes.

At least 9 State Police officers first arrived at the scene. Later, reinforcements were called in and more officers were sent to the area.

The official police version is that there was a police pursuit of a motorcycle in the area. The officers supposedly chased criminals until they drove into the street where the dance crowd was gathered.

In reaction to the police presence, youths allegedly hurled sticks and rocks at the officers. Also according to the police account, the disturbance prompted the officers to use stun bombs, tear gas, and batons. The suspects whom the officers were searching for were neither identified nor arrested.

In contrast, the young people injured in the disturbance, and the victims’ relatives, say that there was no chase operation and that the officers simply ambushed them to put an end to the funk dance.

According to the medical reports, the cause of death was mechanical asphyxiation caused by indirect suffocation. The examination points to injuries consistent with trampling, such as bruises and abrasions.

However, relatives reject the assumption that the teenagers were trampled to death. They believe that they were beaten to death by the officers.

According to the Public Defender’s Office, the officers cornered the victims in a cul-de-sac while beating them, causing a commotion. The officers deny this. Videos taken by residents at the scene of the deaths show police officers beating young men in an alley.

The investigation conducted by the State Police internal affairs office found that the police did not commit any wrongdoing. The body requested the termination of the inquiry after finding that the officers had acted in self-defense when they dispersed the dance with tear gas.

In addition to the police officers’ conviction, the young men’s relatives are still hoping for the compensation promised by the João Doria (PSDB) government, which is still pending.

After the tragedy, the governor announced that there would be a swift reparation to the families and that he would set up a committee to monitor the case – which has also not been fulfilled.

Later, the state government said that any decision on reparation would depend on the investigations’ conclusion. According to the Public Defender’s Office, the State Attorney General’s Office does not need to wait for investigations to be completed to compensate these families.