Civil Police Investigates Only 1 in Every 10 Robberies in São Paulo

06/23/2014 - 08h43

The São Paulo Civil Police only opens an investigation into one in every 10 robberies registered in the state.

Data obtained by Folha through the Access to Information Act showed that between 2004 and 2013, only 9.3% of all police reports for this type of crime result in the opening of a formal investigation.

With this, more than two million cases were put aside.

In 2013 alone, when São Paulo hit a record number of robberies, 232,000 police reports registered by the public did not result in an investigation, as the Criminal Procedure Code requires.

The situation is worse in the state capital where, on average, only 5.9% of these crimes were formally investigated in the last 10 years.

Experts consulted by Folha said the opening of an investigation is a legal obligation and that the lack of it increases the sense of insecurity and crime.

The Geraldo Alckmin administration (PSDB) said that a police report alone is not enough to open an actual investigation.

The increase in crimes against property has been one of the main reasons for criticism of the PSDB government. The number of thefts had 11 consecutive increases up until April in both the state and the capital.

Secretary of Public Security Fernando Grella Vieira said it is a national problem and proposed changes in legislation.

When it comes to vehicle thefts, the data obtained by Folha showed that the number of investigations is even lower. Only 5% of cases resulted in the opening of investigations in the state in the last 10 years.

For Theo Dias, a professor of law at FGV and expert in public security, this is the type of crime that is the easiest to track. "The police have the ability to search for clues and standards of conduct. The same group steals 30, 40, 50 vehicles."

With the justification of trying to reduce this type of crime, Alckmin sanctioned this year a law that aims to end the illegal sale of vehicle parts. It should go into effect in July and puts into place a number of requirements for anyone who wants to take part in this type of activity on a regular basis.

Police who spoke on condition of anonymity said they knew it was obligatory to open an investigation for complaints of theft, but contend that, because of a lack of structure, they choose which cases will or will not be investigated.

The number of Civil Police officers fell from 32,809 to 29,517 in 10 years, a reduction of 10%.

"The police authority is aware that thefts have a legal obligation to be investigated," said lawyer Roberto Delmanto, in reference to article 5 of the Criminal Procedure Code.

"Officers cannot just file police reports. They have to establish and open an investigation," said Thiago Bottino, a lawyer and professor at FGV-RJ.

"When you open [an inquiry] it is because there is known authorship or a case of repercussion. But, if you're robbed on the street, an investigation is not opened in most cases," said Guaracy Mingardi, a specialist in public security.

For delegate Jésus Barreto, deputy chief of the Civil Police in Minas and a member of the Brazilian Forum of Public Security, there are flaws in the management of public safety.

"The civil police officers in Brazil were subject to few investments, not just economic, but for their operational capability. People often argue about whether or not the law is effective, rigorous or not, but before that there is a very serious problem in public management."

OTHER SIDE

The Secretariat of Public Security of São Paulo said in a statement that a police report is not, in itself, enough to open a formal investigation.

"The establishment of a police investigation is mandatory in the presence of minimum elements of information or evidence to enable the development of an investigation," it said.

The note did not specify, however, what it considers "minimum elements" for initiation the investigation. It only says that it is up to the police to decide whether or not to open an investigation.

It also states that there are internal criteria for Civil Police to open an investigation of property crimes - burglary and theft - aimed at "administrative efficiency."

Translated by JILL LANGLOIS

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