{"id":21736,"date":"2015-04-29T07:35:58","date_gmt":"2015-04-29T10:35:58","guid":{"rendered":"http:\/\/www.rioonwatch.org\/?p=21736"},"modified":"2015-04-29T09:08:50","modified_gmt":"2015-04-29T12:08:50","slug":"most-people-have-no-knowledge-about-their-rights-seminar-promotes-legal-education-among-community-leaders-on-housing-rights-and-police-brutality","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=21736","title":{"rendered":"&#8220;Most People Have No Knowledge About Their Rights&#8221;: Seminar Promotes Legal Education among Community Leaders on Housing Rights and Police Brutality"},"content":{"rendered":"<p>On March 28\u00a0the University of Rio de Janeiro State (UERJ) hosted the\u00a0<a href=\"http:\/\/on.fb.me\/1JKIMf3\" target=\"_blank\">First FAFERJ\u00a0Community Education Seminar<\/a>, organized by the <a href=\"http:\/\/on.fb.me\/1PTq6O0\" target=\"_blank\">Federation of Favelas\u2019 Associations of Rio de Janeiro State<\/a> (FAFERJ) in partnership with the <a href=\"http:\/\/on.fb.me\/1GESAcU\" target=\"_blank\">Lawyers&#8217; Collective<\/a>\u00a0(CDA). The community education course\u00a0was designed to teach\u00a0favela residents,\u00a0leaders and community activists\u00a0about politics and citizenship.<\/p>\n<p>While FAFERJ has worked with favelas for\u00a050 years, the CDA was born during the Brazilian protests of June 2013. Comprised\u00a0of almost fifty volunteers\u2014including lawyers, law students and collaborators from different fields\u2014the collective&#8217;s main objective is to defend human rights. The partnership between FAFERJ and CDA combines deep knowledge of the demands in Rio&#8217;s favelas with legal\u00a0expertise on the context of human rights violations in low-income territories.<\/p>\n<p>Observing current trends, the groups&#8217; conclusion is that the Marvelous City, as Rio de Janeiro is known on the global stage, is facing an alarming process of urban and social exclusion which threatens the rights of vulnerable citizens. T.H. Marshall, whose work has long influenced\u00a0debates about social citizenship, <a href=\"http:\/\/bit.ly\/1J6Pg80\" target=\"_blank\">defined\u00a0citizenship<\/a> as\u00a0<em>&#8220;<\/em>a status bestowed on those who are full members of a community. All who possess the status are equal with respect to the rights and duties with which the status is endowed.<em>&#8221; <\/em>The daily struggle of favela residents to be fully recognized as citizens by the State\u2014a struggle that has been sustained since favelas were first formed\u2014is symbolic of\u00a0injustice in modern Rio de Janeiro.<\/p>\n<p>The community course promoted by FAFERJ and CDA\u00a0aimed\u00a0to offer practical and useful information to residents so they can overcome the injustices that limit their daily lives. According to\u00a0Rossino Castro Diniz, president of FAFERJ, \u201cThe idea of the course emerged from our daily experience in\u00a0the favelas. We know the problems that each community faces. The need for technical information has been\u00a0a long-term\u00a0demand from\u00a0community leaders. The latter, many times have good capacity to involve and mobilize people, but do not have knowledge of the law, the technical learning necessary to support the community in the resolution of its problems.\u201d<\/p>\n<p>The course took place over\u00a0two days. It offered some theoretical knowledge, with discussion about social rights in\u00a0Brazil\u2019s low-income communities. The CDA also provided\u00a0practical information regarding citizens\u2019 rights. Two key topics on the agenda were\u00a0<a href=\"http:\/\/bit.ly\/1zOpGkf\" target=\"_blank\">housing rights<\/a> and <a href=\"http:\/\/bit.ly\/1k3YzNi\" target=\"_blank\">police brutality<\/a>, two pervasive problems in favelas.<\/p>\n<p><a href=\"http:\/\/www.rioonwatch.org\/wp-content\/uploads\/2015\/04\/Direito-a-Moradia.jpg\"><img fetchpriority=\"high\" decoding=\"async\" class=\"aligncenter wp-image-21738 size-content\" title=\"The CDA gave information about housing rights and police checks\" src=\"http:\/\/www.rioonwatch.org\/wp-content\/uploads\/2015\/04\/Direito-a-Moradia-620x264.jpg\" alt=\"The CDA giving information about housing rights and stop and frisk \" width=\"620\" height=\"264\" srcset=\"https:\/\/rioonwatch.org\/wp-content\/uploads\/2015\/04\/Direito-a-Moradia-620x264.jpg 620w, https:\/\/rioonwatch.org\/wp-content\/uploads\/2015\/04\/Direito-a-Moradia-940x400.jpg 940w\" sizes=\"(max-width: 620px) 100vw, 620px\" \/><\/a><\/p>\n<p>According to\u00a0Rossino, \u201c[Housing rights] have represented a complex problem within favelas since their origin. [Residents]\u00a0want to maintain the condition of their homes, they want to pay for water and electricity, they want to have access to public services. For people who can&#8217;t have a title for their home, they become subjects who are discriminated by\u00a0society, in the labor market in particular. Due to the <a href=\"http:\/\/bit.ly\/RisksTitling\" target=\"_blank\">lack of a residential certification<\/a>, the State does not recognize favela residents\u00a0as citizens.\u201d<\/p>\n<p>Felipe, FAFERJ secretary and resident of Santo Amaro, said: \u201cPolice violence is another huge problem in favelas, for black youth in particular. Today we are living a dramatic situation due to arbitrary violence exercised by Military Police against residents. They frisk people\u2014under suspicion of collaborating with drug gangs\u2014without permission. They search\u00a0your pockets, they force you to stand with your hands on the wall and touch you, including your genitalia. They intimidate people instead of protecting them. When you are young, you react to these situations with anger. However, unfortunately that is not a clever thing to do, considering the existing disproportion of power between residents and police. The pacified favelas are involved in a war residents are not responsible for. The Military Police works in the context of\u00a0war<strong>,<\/strong>\u00a0so how do you think they see\u00a0us? As enemies. We have to protect ourselves\u00a0in a better way, starting with\u00a0spreading information\u00a0and educating people.\u201d<\/p>\n<p>The\u00a0course\u00a0is an initiative to counter the social exclusion that affects people more severely when they do not know what their rights are. \u201cA majority of people have no knowledge about their citizens\u2019 rights because, in Brazil, education is only available to a\u00a0limited\u00a0part of population. For this reason, we organized the seminar in order to give people the potential to find solutions to their problems through public offices and to defend their own rights,\u201d explained Rossino.<\/p>\n<p>Below is some of the information taught in the course:<\/p>\n<h3>Housing Rights<\/h3>\n<p>As established both by the <a href=\"http:\/\/bit.ly\/1EL47Hh\" target=\"_blank\">Universal Declaration of Human Rights (1948)<\/a><em>\u00a0<\/em>and the <a href=\"http:\/\/bit.ly\/1b7YyVC\" target=\"_blank\">Constitution of the Federal Republic of Brazil (1988)<\/a>:<\/p>\n<blockquote>\n<p><em>\u201cEveryone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, <strong>housing<\/strong> and medical care and necessary social services&#8230;&#8221;<\/em><\/p>\n<\/blockquote>\n<p><em>To\u00a0hold the right to housing, do you need to be a home\u00a0owner?<\/em><del><\/del><br \/>\nNo, you do not.\u00a0In accordance with the Brazilian Constitution, everyone holds the right to housing, even if:<\/p>\n<ol>\n<li>You are not the owner of a registered\u00a0property;<\/li>\n<li>You are living in an irregular house;<\/li>\n<li>You are renting a house.<\/li>\n<\/ol>\n<p><em><strong>What is Land Tenure Regulation?<\/strong><\/em><\/p>\n<p>It is the conversion of housing status from informally attained to\u00a0a legally recognized status, through the house registration in the real estate notary\u2019s office. The house has to meet\u00a0specific standards such that its residents can live with dignity. It must have running water and drainage, access to paved streets, electricity\u00a0and meet a certain level of\u00a0cleanliness. Moreover, the location of the house must\u00a0guarantee its residents\u00a0access to schools, hospitals, public spaces and other public services.<\/p>\n<p>Land Tenure Regulation can protect\u00a0the owner against threats of eviction.<\/p>\n<p>Once the house is registered, residents hold the right to an\u00a0address, facilitating the\u00a0integration of their neighborhood within the formal city. Land tenure also ensures\u00a0the local community the right to complain about or demand\u00a0public investments.<\/p>\n<p><a href=\"http:\/\/www.rioonwatch.org\/wp-content\/uploads\/2015\/04\/DSCF0216.jpg\"><img decoding=\"async\" class=\"aligncenter wp-image-21745 size-content\" title=\"Picture showing the city and its divisions: formal and informal city,\" src=\"http:\/\/www.rioonwatch.org\/wp-content\/uploads\/2015\/04\/DSCF0216-620x264.jpg\" alt=\"Picture showing the city and its divisions: formal and informal city,\" width=\"620\" height=\"264\" srcset=\"https:\/\/rioonwatch.org\/wp-content\/uploads\/2015\/04\/DSCF0216-620x264.jpg 620w, https:\/\/rioonwatch.org\/wp-content\/uploads\/2015\/04\/DSCF0216-940x400.jpg 940w\" sizes=\"(max-width: 620px) 100vw, 620px\" \/><\/a><\/p>\n<p>There are various ways to acquire land tenure. Many states and municipalities possess regulation programs with the task of managing\u00a0infrastructure improvements\u00a0and\u00a0the registration of\u00a0streets, squares and land parcels in the real estate notary\u2019s office.<\/p>\n<p>There are circumstances in which\u00a0the housing regulation process can be supported\u00a0by legal\u00a0assistance. That assistance can\u00a0cover or complement the duties of the public authorities in case they do not possess the legal power to conclude the process.<\/p>\n<p><em><strong>Growth Acceleration Program (PAC)<\/strong><\/em><\/p>\n<p>According to the Brazilian Constitution, the State is committed\u00a0to reducing the housing\u00a0deficit, guaranteeing decent\u00a0housing to its people, offering\u00a0government grants to low-income families, and implementing the urbanization of precarious settlements.<\/p>\n<p><em><strong>How can a community&#8217;s Residents&#8217; Association help people\u00a0in the housing regulation process?<\/strong><\/em><\/p>\n<ul>\n<li>Organizing community meetings <a href=\"http:\/\/bit.ly\/1JK7H2c\" target=\"_blank\">to inform residents<\/a>\u00a0about the documents needed to request land tenure;<\/li>\n<li>Demanding information and participation rights on the most important decisions made\u00a0by public authorities;<\/li>\n<li>Participating in the dialogue and\/or negotiation between residents and the various actors involved in the regulation process (notary\u2019s office, Magistrate, Public Ministry, federal and state organisms);<\/li>\n<li>Fostering public campaigns aimed at clarifying citizens\u2019 rights and the procedure to contract with the \u201cland owner\u201d in order to avoid deceit and intimidation;<\/li>\n<li>Claiming the right to free technical and legal\u00a0assistance;<\/li>\n<li>In accordance with the benefits of free legal assistance, claiming the reimbursement both of the procedural fees\u00a0and of the house registration in the notary\u2019s office;<\/li>\n<li>Representing the community in\u00a0meetings with the City, universities,\u00a0NGOs, the local Brazil Bar Association\u00a0(OAB), etc.<\/li>\n<\/ul>\n<h3>Police Check<\/h3>\n<p>A police check describes a situation in which\u00a0the\u00a0police stop and frisk people. This action is based on a suspicion of the person or the\u00a0situation in which the person could be involved. In theory, it requires\u00a0the existence of evidence that justifies the police check.<strong><em>\u00a0<\/em><\/strong><\/p>\n<p><em><strong>People should be aware:<\/strong><\/em><\/p>\n<ul>\n<li>The searched person is not obliged to possess personal documents. However, everyone has to identify themselves\u00a0when asked\u00a0by authorities, also answering questions about\u00a0the identity of their parents and their\u00a0birth date. Beyond\u00a0that, nothing is mandatory: if you are stopped by police, you are not obliged\u00a0to\u00a0supply information about where you are from, where you are going, if you have criminal records, or if you know a certain person.<\/li>\n<li>The police officer conducting a search\u00a0cannot embarrass\u00a0the citizen. For instance, it&#8217;s forbidden for a police officer to ask someone to remove their clothes\u00a0in the street, to yell,\u00a0to swear or to disrespect the suspect.<\/li>\n<\/ul>\n<p>If a police officer does something illegal\u00a0during a police check, the violation\u00a0should be reported.\u00a0To threaten or to beat someone up to obtain\u00a0information is considered torture.<\/p>\n<ul>\n<li>The police check\u00a0of women must be done\u00a0by female\u00a0police officers.<\/li>\n<li>During the police check, the police officer cannot touch a suspect&#8217;s genitalia. It is considered an abuse of authority.<strong>\u00a0<\/strong><\/li>\n<\/ul>\n<p><strong><em>Advice for what to do during a police check:<\/em><\/strong><\/p>\n<ul>\n<li>Do not try to escape, do not resist the police officer.<\/li>\n<li>Try to keep\u00a0calm and be respectful.<\/li>\n<li>Do not be aggressive in your replies; give the information required calmly. In the case you think some information is\u00a0not useful for the search&#8217;s objective, respectfully decline to answer.<\/li>\n<li>Do not make abrupt movements. They can be interpreted as an attempted escape or aggression.<\/li>\n<li>Keep your hands visible.<\/li>\n<li>Do no touch the police officer or resist him or her.<\/li>\n<li>Do not scream or offend the police officer. Do not say that you will report\u00a0him or her.<\/li>\n<li>Identify yourself if required. If you do not possess some identifying documents inform the police officer about any personal number you know, such as your\u00a0CPF number or ID.<\/li>\n<\/ul>\n<p>If you refuse to identify yourself, the police officer can bring you to the police station to proceed with the identification process.<\/p>\n<ul>\n<li>You hold the right to be accompanied at the police station by a known person (a family member or a friend). In this case, request\u00a0the name of the destination police station.<\/li>\n<\/ul>\n<p>You can only be brought to the police station for something you did or said.<\/p>\n<ul>\n<li>Remember to take note of both the identification number of the police officer and the police car number. This information could be useful in case of abusive police behavior.<\/li>\n<li>If there are\u00a0witnesses to the police check, try to identify them and get their contact information.<\/li>\n<li>If you are a victim of violence by the police officer during the police check, get a medical\u00a0examination immediately and ask for a written and articulate description of bodily\u00a0injury. Also\u00a0remember to take a photo.<\/li>\n<\/ul>\n<p>\u201cThe social exclusion affecting favela residents is a really complex condition,&#8221; summarized\u00a0Rossino. &#8220;With this kind of course we hope to provide them the necessary information so as not to lose courage to change their life in a radical way.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\"><p>On March 28\u00a0the University of Rio de Janeiro State (UERJ) hosted the\u00a0First FAFERJ\u00a0Community Education Seminar, organized by the Federation of Favelas\u2019 Associations of Rio de Janeiro State (FAFERJ) in partnership with the Lawyers&#8217; Collective\u00a0(CDA). The <a class=\"mh-excerpt-more\" href=\"https:\/\/rioonwatch.org\/?p=21736\" title=\"&#8220;Most People Have No Knowledge About Their Rights&#8221;: Seminar Promotes Legal Education among Community Leaders on Housing Rights and Police Brutality\">[&#8230;]<\/a><\/p>\n<\/div>","protected":false},"author":73,"featured_media":21737,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[1277,1333,335,329,336,1329],"tags":[498,397,622,26,434,354,918,17,888,1568],"writer":[1614],"translator":[],"illustrator":[],"photographer":[],"class_list":{"0":"post-21736","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-uppwatch","8":"category-event-reports","9":"category-policies","10":"category-solutions","11":"category-violations","12":"category-by-international-observers","13":"tag-citizenship","14":"tag-education","15":"tag-faferj","16":"tag-housing-rights","17":"tag-land-tenure","18":"tag-law","19":"tag-military-police","20":"tag-police-brutality","21":"tag-police-intimidation","22":"tag-training","23":"writer-valentina-romanin"},"_links":{"self":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/21736","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/users\/73"}],"replies":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21736"}],"version-history":[{"count":0,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/21736\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/media\/21737"}],"wp:attachment":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21736"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21736"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21736"},{"taxonomy":"writer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fwriter&post=21736"},{"taxonomy":"translator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftranslator&post=21736"},{"taxonomy":"illustrator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fillustrator&post=21736"},{"taxonomy":"photographer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fphotographer&post=21736"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}