“In defense of the missions of the Military Police State of São Paulo, I reject”: analysis of transparency of rules on the use of force in protests

Abstract

With the editing of the Law on Access to Information (Law nº 12.527/11), sought to facilitate the request for data related to the performance of public agencies in Brazil. By outlining information transparency and publicity as principles, confidentiality was adopted as an exception and may be invoked only against information considered essential to the security of the society and the State. After the June 2013 demonstrations, it can be noted the increasing of police activity in protests coverage. And regarding to the protocols and manuals that provide guidelines on how police action should be deemed appropriate, remains a true “culture of secrecy” that prevents civil society from realizing social control over the performance of public officials. In this context, seeking to know these documents, we made a request backed by the Law nº 12.527/11 of access to the Military Police State of São Paulo normatives in the ostensible coverage of protests and in operations known as “civil disturbance control”. In this work we will seek to investigate, by studying this request, which legal and justifiable grounds were mobilized by the police to refuse access to the documents that discipline the use of force. The work is part of the legal-sociological research aspect and adopts the predominantly deductive methodological reasoning, with the development of bibliographic and documentary research.