A (in)capacidade estatal de defesa dos direitos humanos : o incidente de deslocamento de competência nº 3 e a violência policial no estado de Goiás

Between 2000 and 2013 it was registered the disappearance of 43 people in the State of Goiás after policies approach. These and other cases of murder and torture committed by public security agents while working were reported in October 31, 2014 in the Inter American Commission on Humans Rights of OAS, in Washington/USA. In December 10, 2014, the Federal Court of Justice judged the Incident Competence Shift, the displacement of local authorities to the federal level of the competence to investigate, process and judge eight emblematic cases of crimes of serious violation on Human Rights in Goiás, related to the crimes reported in Washington. Incident Competence Shift is an institute which emerged with the Constitutional Amendment n. 45 of 2004, an innovative step as long as allows that perpetrators of serious violations of Human Rights be processed and blamed by organ different from the local authorities and the judgment be accomplished in the federal sphere, therefore the expression “federalization”. The scene of violation of the Human Rights in the State of Goiás, as the process of Incident Competence Shift, are facts which lead to a larger reflection about the paradox inherent to the Human Rights, manifested in this conflict between violation and defense of the Human Rights by the State. This dissertation is a case study which intends to register the process of complaint and federalization of the serious violations on the Human Rights in Goiás due to the violent action of the polices forces. It intends, as well, to describe how this juridical constitutional tool – Incident Competence Shift – has been an important tool in order to stand up to the violence and protect the Human Rights on the state.