Dois pesos e duas medidas: uma análise acerca da (não) presença do estado democrático de direito no estudo de caso da favela do Jacarezinho

Abstract

For years the Brazilian favela’s residents have been victims from the state neglicy in the guarantee of needed services , such as: sanitation, education support and public health, which are basic rights provided for in the Federal Constitution. Another major problem faced by the favela`s population is the police violence which has made the daily life of this part of society marked by fear and the feeling of contempt on the part of the authorities. Therefore, that paper aims to investigate the role of the state in the human rights predicted in the federal constitution from 1988, taking as base the concept of Democratic State of Law and making an analysis of the reality faced by the favela’s residents, mainly with what happened in the police operation in the favela of Jacarezinho, in 2021, in Rio de Janeiro. The research method used was the qualitative, through a deductive approach and bibliography research, through the analysis of documents and jurisprudence. Some of the results obtained were confirmation that, in fact, favelas have been forgotten for years by the government, which when they decide to enter them is usually through the police force, thus generating insecurity and fear for the people who live there, leading to those to be discredited by the State because they do not see the realization of their rights in practice. The conclusion reached was that the negligence of the State is notorious and has caused several situations of violence that result in the death of innocent people and thus, the fundamental rights, promised by the Democratic Rule of Law, are only remaining on paper, in the ideal plan.