Courts as accomplices: Enabling police torture in the Brazilian juvenile justice system

How do judges respond to torture committed by law enforcement officers against court-involved youth apprehended in flagrante delicto ? Although such violence remains under-reported and courts rarely act decisively, this paper directly examines how magistrates address these allegations during initial hearings. Drawing on non-participant observation of 185 initial hearings and 19 semi-structured interviews with juvenile court judges from six Brazilian capitals, the analysis identifies three mechanisms through which the judiciary sustains impunity for police torture: judicial silence, through which allegations are left unrecorded or procedurally bypassed; moral displacement, through which attention is redirected from police conduct to the character and behaviour of adolescents and their families; and bureaucratic neutralisation, through which formal legal language transforms reports of violence into administratively inert records. Together, these mechanisms reveal that the problem is not one of institutional failure but of institutional functioning: Courts do not merely fail to prevent police abuse – they participate in its normalisation by absorbing it into bureaucratic routine.

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Publication Details

Journal
Punishment & Society
Published
2026-08-03
DOI
https://doi.org/10.1177/14624745261473886
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
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article

Courts as accomplices: Enabling police torture in the Brazilian juvenile justice system

Maria Gorete Marques de Jesus, Debora Piccirillo, Mariana Chies-Santos
Punishment & Society
Criminal Justice and Corrections Analysis
article

Courts as accomplices: Enabling police torture in the Brazilian juvenile justice system

Maria Gorete Marques de Jesus, Debora Piccirillo, Mariana Chies-Santos
article en

Abstract

How do judges respond to torture committed by law enforcement officers against court-involved youth apprehended in flagrante delicto ? Although such violence remains under-reported and courts rarely act decisively, this paper directly examines how magistrates address these allegations during initial hearings. Drawing on non-participant observation of 185 initial hearings and 19 semi-structured interviews with juvenile court judges from six Brazilian capitals, the analysis identifies three mechanisms through which the judiciary sustains impunity for police torture: judicial silence, through which allegations are left unrecorded or procedurally bypassed; moral displacement, through which attention is redirected from police conduct to the character and behaviour of adolescents and their families; and bureaucratic neutralisation, through which formal legal language transforms reports of violence into administratively inert records. Together, these mechanisms reveal that the problem is not one of institutional failure but of institutional functioning: Courts do not merely fail to prevent police abuse – they participate in its normalisation by absorbing it into bureaucratic routine.

Punishment & Society
Universidade Federal de São Carlos (BR), Insper (BR)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Criminal Justice and Corrections Analysis
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