Law, order and impunity in contemporary Brazil

Violent criminal ofenses have been increasing in Brazil since the beginning of the 80´s including the gross human rights violations. This growth was not accompanied by a proportional increase in the number of inquests and penal processes. Existing data suggest that the rates of impunity for these crimes are higher than other countries such United States. Despite the fact that impunity is expected to be very high, there are strong elements to suggest that they are groups far more vulnerable to arbitrary behavior by law enforcement agents. This presents a paradox: on the one hand high level of impunity that is contrary to a modern society based on the respect for the law, for a legitimate authority that is in itself the result of the social contract and on the other hand a bias in the enforcement of legal sanctions, the result of the application of punishment without due respect for legal constraints. The latter incompatible with democratic and the respect for human rights. What are the limits for punishment beyond which the exercise of power becomes arbitrary and abusive? What punishment is compatible with contemporary democratic order and with present policies of human rights? In order to answer these questions, this paper is based on ongoing research that examines a sample of violent criminal offenses. In order to measure penal impunity the research identifies the profile of cases that lead to impunity and to punishment based on police records, inquests, and judicial processes that took place in the municipality of São Paulo from 1988 to 1997. The data collecting is based on the follow-up institutional model. The research selects and tests variables searching for main effects on the judicial decision-making.