WHY IS CRIME RAMPANT IN BRAZIL???
Well, to even begin to answer that question one must understand how things really are in this country. They must know a little bit about the lax legislation in this country, how those laws have been crafted and by whom. They must understand also the Brazilian cultural and seeminly absolute acceptance of mediocrity and incompetence in everything about this country, and their reluctance to do anything about it.
Brazil's FAILED justice system:
In a country where it can take a decade or more for some cases to come to trial, one can't expect justice in the first place. If the State doesn't use the trite excuse that the courts are backlogged, then defense lawyers here use every trick in the book in order to delay trials. If they can't disqualify the facts, then they attack the jurisdiction of the court, seek a change of venue for the trial. If that's not successful then they try and discredit the judge who will hear the case. Then they use the delay (that in most cases they themselves have caused) in order to justify a Hábeas Corpus, freeing their client if the client was incarcerated in the first place.
A recent conviction in Minas Gerais is a prime example of this farsical justice system. Just the other day, almost 12 years after the crime was committed, Antério Mânica the ex-mayor of Unai -MG was convicted of the January 2004 assassination of 3 investigators from the Ministry of Labor and their driver in Unai, and sentenced to 100 years in prison. Following sentencing Mânica walked out the front door of the court. He will remain free simply because he was not in custody at the beginning of the trial, and because his defense lawyer has filed an appeal. That's the lopsided justice system in this country for you. Nowhere else in the world a convicted murderer would simply walk away because his case was being appealed, he'd have to wait for the results of that appeal behind bars, but not here in Brazil. So a case that has already taken well over a decade to come to trial, will probably drag through this country's lethargic justice system for another decade until Mânica even sees the inside of a prison cell, if ever.
Ex-mayor of Unai - MG arriving for trial more than a decade after assassinations.
This is not at all uncommon in Brazil. There are numerous convicted murderers walking the streets in this country, leading normal lives because their lawyers have filed appeals for one reason or another, knowing that it will take years for those appeals to be heard. This is exactly what happened with Gil Rugai convicted for the murder of his parents and sentenced to 39 years in prison. He too walked out the front door of the courthouse and has been living a completely normal existence for the past two years.
Brazil's antiquated and overly lax laws:
The Brazilian Penal Code was enacted in 1940 and has remained virtually unchanged in the past 75 years. How in the world can anyone expect to see justice done with such outdated laws? It's just not possible.
Then too, the Federal Consitution was enacted in 1988, so all laws no matter when they were enacted must conform to the Constitution. Who crafted those laws and the Constitution in the first place? Brazil's corrupt and incompetent politicians did, of course! They've deliberately crafted an excessively lax set of laws and a Constitution that protects them and gives them complete impunity for their own wrongdoing and criminal acts. So, these very same laws also favor the criminal elements in Brazilian society. They completely abandon the average law-abiding Brazilian citizen to their own devices.
In fact, what has been created is a two-tier justice system, with one set of laws for the rich and another completely different for the poor. Well, it's the same system, but the poor simply cannot avail themselves of the loopholes that have been built into it by design, simply because they're poor.
The law regarding “em flagrante de delito”:
Unless someone is arrested for a crime within 24 hours of its commission, they do not go to jail, unless a judge orders temporary imprisonment (30 days) which can be extended in some cases, or orders preventative imprisonment which means there is no limit. So a person can murder someone, go into hiding for 24 hours; after that they can either turn themselves in (usually with a lawyer present) or wait until they're found and arrested. In either case since they were not arrested “em flagranted de delito” they are released to await trial in liberty. The gravity of the crime has absolutely nothing whatsoever to do with this legal concept, you could murder a hundred people and still be free until trial simply by virtue of not being arrested within 24 hours of the last murder. That's absolutely offensive and downright sick.
Bail and Hábeas Corpus:
Writs of Hábeas Corpus are handed out like candy by judges in this country. In many cases they are simply purchased. There have been numerous cases where judges at all levels have been charged for selling sentences, selling Hábeas Corpuses, etc. There is absolutely no punishment for this... what happens is that the judge is forced into retirement at full pay! Where the hell is the justice in that?
Bail (fiança) used to mean something in this country; but it doesn't anymore! Thanks to the present government who have revamped all the bail requirements and the list of crimes for which one COULD NOT be granted bail. One of those crimes was “porte ilegal de arma de fogo” (illegal posession of a firearm). So, while if you killed someone you could qualify for bail; if you shot them to death you wouldn't qualify for bail because you were also charged with the weapons offense. Now that has been changed, porte ilegal de arma de fogo is now an crime for which the accused can be granted bail. More and more dangerous offenders are being put right back out on the streets as a result.
Special Courts and Prisons for politicians and police:
Yes, you heard that correctly! Politicians in this country, and police, in fact anyone with a university degree gets special treatment under Brazilian laws. For most things politicians have completel impunity and for many crimes they can only be tried by the Federal Supreme Court. Police have their own justice system, as does all of the military. If convicted of a crime a police officer is NOT automatically expelled from the police force, that is a separate matter; and the officer serves his time in a special prison which ony houses police officers. Lawyers are also extended this same privilege. Their prison cells look just like your average motel room and usually have all the same conveniences too... air conditioner, television, ample window (even if it does have bars), bathroom, and a nice comfortable bed. That's if any of them are actually convicted, which rarely happens in the first place.
Is this a prison cell or a motel room? Hard to tell, isn't it?
Nobody goes to jail anyway:
Unless one is convicted of a crime and sentenced to MORE THAN 4 years in prison, they don't go to prison at all in this country. That's right, up to 4 years they are given some form of alternative sentencing such as fines (usually paid in basic food baskets), community service, house arrest, etc.
Incompetent and underfunded police:
Police forces all over Brazil are grossly underfunded by the government, and as a result the level of competency is virtually ZERO right from the rank and file officer all the way up to the top of the chain of command. Police officers are paid near-slave wages, and the three richest states (São Paulo, Rio de Janeiro and Minas Gerais) pay their police officers much lower salaries than the smaller and poorer states do. It's absolutely no wonder that there are over 50 thousand murders in this country every year and less than 8 percent of those are ever solved.
So, now you know:
This is exactly why criminals in this country have absolutely no fear and why they will kill you in a heartbeat, with absolutely no remorse.... simply because they can, and there is no consequence for doing so.
Oh, yeah and just when you think that things can't get worse, I have news for you...
Christmas is coming up, folks. All prisons release dangerous and violent convicts for holidays like Christmas, Easter, Mother's Day and Father's Day. Many of them simply use the release to go right back to committing violent crimes. Others still (and way too many of them) simply never return to the prison afterwards, and we all know the Brazilian police's record on finding and capturing fugitives, don't we?
WHY IS CRIME RAMPANT IN BRAZIL?
Why is crime destroying most of the contries of both central- and south america ? The top 20 most violent cities in the world are in central- and south america. Why ? Inequality and poverty is rampant in other parts of the world as well but in central- and south america the governments seems to have given trying to do something about it.
For most of the Brazilians i talk to this has a very big impact on their daily lives - it is a constant worry wheather a situation or an area is safe or not.
North east of Brazil should have been a tourist magnet for both european and us tourist but it is not, and at least from my home country, most people would cite crime as the biggest obstacle for going on a vacation to Brazil. Instead they go to Thailand or another south east asian country where they have the same problems with poverty and inequality but crime is very low.
From an economic point of view tourism should be a mega industry in Brazil but it is not. Again, why ?
Brazil has so many problems across the board...where does one even begin?
"Get rid of the dirty politicians!" Yes, but where are the honest politicians that will replace them? There are none to be found!
"Make voting non-mandatory." Take a look at the attached map. Is it any surprise that nearly all of Latin America has compulsory voting? Latin America has some of the most corrupt governments in the world - it's not implausible that corrupt politicians in these countries are using compulsory voting to their advantage.
"Close the gap between rich and poor by educating the poor, creating jobs for them and helping them get on their feet so that they'll stop turning to a life of crime." Currently, politicians only use the lower classes when they need them - during elections! No one cares about helping the poor in order to reduce the disparity between the poor and rich because everyone is too busy living just for themselves. No one thinks about the greater good here in Brazil. Just take a look at the favelas in this country - they're everywhere. Would a country and a people who cared about the greater good have let the favelas get so out of hand?
"Change the outdated and stupid laws that release criminals on holidays." WTF!
"Change the outdated and stupid laws that allow people to retire at 45 and collect their full salary until they die. And then in some cases, those benefits get passed onto the next generation...and the next." Again, WTF? Pension benefits currently take up 13% of GDP! (In comparison, programs like Bolsa Familia only take up 0.5% of GDP.) Again, the general attitude among Brazilians is, "Why should I give up my pension when there are people out there who are making more than I am and they're not being asked to give up anything." The longer I live here, the more I realize how selfish and self-absorbed most Brazilians are.
"Reduce the salaries of public sector jobs and make it easier for them to be fired if they're not cutting it." I know several people who work in public sector jobs for the government. They are great people but I'm tired of hearing them say, "I'm lucky because I can never be fired from my job." And this is why we have so many "professionals" in Brazil who have been in the same job for 20 years and yet still don't know jack sh*t about their jobs. They become complacent and lazy because they know that they will "never be fired." What a gross attitude.
"Create a proportional taxation system that makes the super rich in this country pay more in taxes." Why is the guy making R$ 5,000 a month paying the same percentage in taxes as the guy making R$ 50,000 a month? Ridiculous.
"Enforce your laws." What good are laws if they're not enforced? But who's going to enforce them? The police? Ha! They get paid pennies, so they can't be bothered to enforce the laws because they're too busy engaging in corruption themselves in order to make money on the side so that they can put food on the table.
In my opinion, Brazil's problems can be described like this: oppressed and uneducated poor get manipulated into voting for dirty politicians --> dirty politicians get elected only to line their own pockets --> system continues to oppress poor because no one is doing anything to really help them --> the poor turn to a life of crime --> crime becomes rampant --> middle and upper classes blame the poor for everything because they're the ones being targeted by criminals --> the middle and upper classes flee the country the minute they get an opportunity --> the ones left behind are the poor and uneducated --> oppressed and uneducated poor continue to get manipulated and vote for dirty politicians
in order to begin fixing the problems in this country, the above cycle needs to be broken. But by whom? A whole generation needs to rise up and take back control of their country from the dirty politicians, but who's going to step up to the plate? Almost every single Brazilian I know with a college education has told me that they would move to the U.S. or some other country the second they get the chance...because they see no hope for their country. Brazilians are the ones who have ruined their country and now that their country is in shambles, they all want to leave. Also, I believe that corruption is endemic in Brazil...politicians aren't the only ones playing dirty. When I see ordinary Brazilians driving and honking and cursing, I realize how selfish and rude most Brazilians are. When I see educated and upper class Brazilians get pissed drunk at a bar and then all get behind the wheels of their cars to drive home, I see how ignorant even the upper classes are. So...how do you solve a problem like Brazil? Beats me.
VictoriaChandler wrote:Brazil has so many problems across the board...where does one even begin?
Below there is many observations that i have to say i agree with - a few additional comments
"Get rid of the dirty politicians!" Yes, but where are the honest politicians that will replace them? There are none to be found!
Personally i think Dilma is honest but just incompetent. She was both chairwoman of PB & minister of energy for many years during the Lula years but has zero qualifications for either of these jobs. If she had been part of the corruption scheme i think she would have found a way to stop it long time ago.
Remember when she was elected first time some of the comments where that she is a "technocrat" and that is just what the contry need - in what sence is she a technocrat ? She has been a bureaucrat her whole life with a minor degree in economics that has risen through the ranks of PT.
One thing that made me beleive in her some years ago - she has zero karisma and horrible public speaking skills. The last thing any country needs is another politician with smooth talking and good looks but i guess some lacking qualities does not mean that you automatically have some other ones.
"Make voting non-mandatory." Take a look at the attached map. Is it any surprise that nearly all of Latin America has compulsory voting? Latin America has some of the most corrupt governments in the world - it's not implausible that corrupt politicians in these countries are using compulsory voting to their advantage.
It is not surprising that most of the countries in South America has mandatory voting but it is very surprising that Australia and Belgia has it. Saw a BBC interview with a poor family from the north east after the reelection of Dilma some months ago and they where still very fond of their president, Lula, for all the good he had done for their family.
In any country there is a large part of the population who never would pay any attention to politics but would rather watch the latest episode of a soap opera or a reality show - no problem as long as they stay away from the voting ballots but for a democracy to work you have to have an informed public[/i]
"Close the gap between rich and poor by educating the poor, creating jobs for them and helping them get on their feet so that they'll stop turning to a life of crime." Currently, politicians only use the lower classes when they need them - during elections! No one cares about helping the poor in order to reduce the disparity between the poor and rich because everyone is too busy living just for themselves. No one thinks about the greater good here in Brazil. Just take a look at the favelas in this country - they're everywhere. Would a country and a people who cared about the greater good have let the favelas get so out of hand?
Maybe the only redeeming policy of the Lula & Dilma years - bolsa familia is very cheap and it helps a lot of people.
"Change the outdated and stupid laws that release criminals on holidays." WTF!
How is it possible to maintain a minimum penalty age of 18 years !! I do not think this is the case in any developed country. No problem agreeing that many of these young people do their crimes due to lack of opportunities and poverty but what about the victims and their families. If you are 14-15 years old and kill someone in cold blood just for a few reais you need to be locked up for public safety - and then they can discuss why it happened and what to do about it. It is to late for the victim and the family and friends who deserves some sort of revenge. And even if anyone does not beleive in revenge - what about the next victim ?
"Change the outdated and stupid laws that allow people to retire at 45 and collect their full salary until they die. And then in some cases, those benefits get passed onto the next generation...and the next." Again, WTF? Pension benefits currently take up 13% of GDP! (In comparison, programs like Bolsa Familia only take up 0.5% of GDP.) Again, the general attitude among Brazilians is, "Why should I give up my pension when there are people out there who are making more than I am and they're not being asked to give up anything." The longer I live here, the more I realize how selfish and self-absorbed most Brazilians are.
Look to Greece - this will bankrupt Brazil and before that happens it will consume most public spending that they could have used for investments in education and infrastructure.
"Reduce the salaries of public sector jobs and make it easier for them to be fired if they're not cutting it." I know several people who work in public sector jobs for the government. They are great people but I'm tired of hearing them say, "I'm lucky because I can never be fired from my job." And this is why we have so many "professionals" in Brazil who have been in the same job for 20 years and yet still don't know jack sh*t about their jobs. They become complacent and lazy because they know that they will "never be fired." What a gross attitude.
Again the same mistake as Greece - anyone with a university degree has only one goal - a job with the federal government because it pays way more than the private sector, has great pensions and you can not be fired. Instead the salaries should be much lower that what you earn in the privat sector - as in any other country that does reasonably well - to encourage innovation and new companies. Why does so many contries have to repeat the same mistakes ?
"Create a proportional taxation system that makes the super rich in this country pay more in taxes." Why is the guy making R$ 5,000 a month paying the same percentage in taxes as the guy making R$ 50,000 a month? Ridiculous.
"Enforce your laws." What good are laws if they're not enforced? But who's going to enforce them? The police? Ha! They get paid pennies, so they can't be bothered to enforce the laws because they're too busy engaging in corruption themselves in order to make money on the side so that they can put food on the table.
As James states above - 8% of homocides are solved. An insult to the victims and their families.
In my opinion, Brazil's problems can be described like this: oppressed and uneducated poor get manipulated into voting for dirty politicians --> dirty politicians get elected only to line their own pockets --> system continues to oppress poor because no one is doing anything to really help them --> the poor turn to a life of crime --> crime becomes rampant --> middle and upper classes blame the poor for everything because they're the ones being targeted by criminals --> the middle and upper classes flee the country the minute they get an opportunity --> the ones left behind are the poor and uneducated --> oppressed and uneducated poor continue to get manipulated and vote for dirty politicians
in order to begin fixing the problems in this country, the above cycle needs to be broken. But by whom? A whole generation needs to rise up and take back control of their country from the dirty politicians, but who's going to step up to the plate? Almost every single Brazilian I know with a college education has told me that they would move to the U.S. or some other country the second they get the chance...because they see no hope for their country. Brazilians are the ones who have ruined their country and now that their country is in shambles, they all want to leave. Also, I believe that corruption is endemic in Brazil...politicians aren't the only ones playing dirty. When I see ordinary Brazilians driving and honking and cursing, I realize how selfish and rude most Brazilians are. When I see educated and upper class Brazilians get pissed drunk at a bar and then all get behind the wheels of their cars to drive home, I see how ignorant even the upper classes are. So...how do you solve a problem like Brazil? Beats me.
Most Brazilans will find it much more difficult to emigrate in the future - Europe is overwhelmed with refugees from both Syria as well as Africa and at the moment they are passing more and more harsh immigration laws and, to the extent i follow it, it seems as if US politicians are very concerned about immigration as well.
I guess they have TO stay home and try to help fixing it.
[img align=C]http://i.imgur.com/ndbWNWZ.jpg[/url]
Excellent post!! This is the best explanation about the situation in Brazil that I have seen to date. I have moved down to Rio from the US (San Francisco and NYC) over a year ago. My best description is that Rio is like New York City fifty years ago. People in the streets, small Mom & Pop stores, etc... I do not think the crime today in Rio is anything like NYC in the 1970's. NYC was much worse.
I can not believe any modern society would allow the favelas to get sooooo out of hand. There is something very unique about the Brazilian psyche. Where does it come from? Do the neighboring countries (Uruguay, Argentina) have the same issues? Favelas, rampant crime, etc... One thing is true from the above post "I see how ignorant even the upper classes are...". In that respect, Brazilians are equal, the rich and poor.
End the war on drugs. I watched the vice documentary on cocaine in Brasil. Kids riding around with sacks of cash and automatic weapons. Without huge financial incentives organised crime would look elsewhere. Drugs and addiction are a public health issue.
speaking on why the NE of Brazil is not the tourist magnet that it should be........I agree that it should be and to some extent there is a good number of EU citizens taking that vacation in areas like Praia de Pipa, Brazil. I think that the crime rate in areas like Recife and Salvador limit who and how many go there. But places like Natal and Pipa are perfect.......except the lack of any real customer service and tourist focused programs. A good example; This last weekend I met a lot of people from Greece, Finland, Sweden, Germany and the UK (Irish and Englanders). Whats missing? Restaurants and bars that might except only a debit card and some will only except cash. For the past 3 weekends (Beginning Friday morning through Monday Morning) the ATMs for all of the banks did not have cash to dispense. That problem extended to the entire area of Praia de Pipa, Goininha (sic), and Tabau do Sul. There are no other places to go get cash except for Natal 65 km away! The Brazilian tourist mentality is "here it is, take or leave it." Banco do Brazil even pulled out the 2 ATMs they had from Pipa leaving only Caixa and Bradesco. You want to hear some really upset tourist.....stand around the ATMs in Pipa during the weekends when the is no cash and they are upset. Will they come back? If they do it will be no thanks to the city government or secretary of tourism for Brazil.
I think part of the problem is also that there are honestly better tropical beaches found much closer to Europe in places like Thailand where is is much cheaper and tourist friendly. While the Brazilian beaches are nice they are just not quite on the same level as Thailand. The water is not as pretty , its often a milky colour , the sea is often rough , the marine life is not that abundant for snorkling and diving and the scenery is less spectacular. Add to that the fact that there is zero info for international visits , lousy service , complete lack of communication and things are really really overpriced and low quality and it's really no surprise.
I had a good holiday near Recife 2 years ago , some nice beaches , but for the price that is charged there are better places to go if all you are looking for is a tropical beach holiday in my opinion.
Plus all the Brazilian sea side towns generally have a run down , slum by the sea type of vibe which is not all that wonderful . Bare brick half finished buildings with loads of rumble lying around and trashy abandoned spaces .....add to that the fact that it is much more dangerous than an asian holiday. Its a real pity the Brazilian coast is so run down though as there is a lot of potential .
to caco-brasil
As you can see from my login name, I grew up in New York City in the 1970's. My life experience in that great city will not allow you to degrade life there by saying it is worse than Brasil. I retired here after trying Brasil out for 20 years. My time here has been filled with frustration with the legal "system." I have NEVER BEEN MUGGED IN NYC, but after an attempt to rob me by nine men here (I fought them off), I went to the police station to report the crime. I was asked for the names and addresses of the crooks. What??? Even at it's worst NYC is light years safer than Brasil.
I always advise against comparing the USA with Brasil. Guess which country will ALWAYS lose?
A final thought. My wife (a Brasilian) has several family members who have lived in the USA and they would rather be poor in America than rich in Brasil because of the crime here. These people LOVE New York BTW.
interesting to hear you impressions of the 70's in NYC. i remember armed transit police riding in the subway cars. The "A" train to JFK would not make any stops after it left Manhattan. you must of been asleep during the 70's, it was bad.
as i am retired, i am lucky that i do not have to deal with much of the legal system down here. i can see major frustration with trying to run a business in Brazil.
the one thing you can not argue, Brazil has gotten a lot better in the last ten years, and the US has gotten worse.
Brasil is better in the last 10 years? now who's asleep? As it seems you are affected by the allure of Brasil and as such are dazzled into defending your new life on the beach, I will leave you to it. I will point out to you that you left New York for the much softer SF. I thank you for that, New Yorkers are made of sterner stuff.
Living in Manaus, from my perspective the reason the crime is so great in Brazil the laws have something to do with it of course, but it also comes down to the attitude of its citizens.
One example a freshly painted building looks very attractive yet for some reason within a day that fresh paint is covered with spray paint graffiti. There is absolutely no respect for the personal property of anyone. Brazilians must think it is a right to go and spray paint someone else's personal property.
Sure this is a minor crime compared to others but it addresses the root of the problem. It is the lack of respect for other people and their property. Then look at the streets Brazilians think nothing of throwing the trash in the streets. They think nothing of having the raw sewage in the streets from toilets draining onto the streets when flushed. This is very dangerous from a health point of view as it could lead to rampant disease. It is attitude that needs to change without a change in attitude Brazil will never correct the problems of crime and will never change it's 3rd world status. The new buildings sure look nice when built but give it a day and the graffiti appears and it gives the appearance of a ghetto.
It will take a personal commitment of its citizens to change Brazil. the attitude of not caring is why Brazil is the way it is. You can't expect a world class country as long as this attitude remains. You will always be 3rd class until then.
Excellent reading!!!!
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