Killing of Genivaldo de Jesus

Death

On 25 May 2022, around 12:00 am (UTC-3), on the BR-101 highway in Umbaúba, Federal Highway Police agents Clenilson José dos Santos, Paulo Rodolpho Lima Nascimento, Adeilton dos Santos Nunes, William de Barros Noia and Kleber Nascimento Freitas were taking part in an operation called Safe Northeast when they stopped Genivaldo de Jesus Santos on his motorbike. He could drive but lacked a National Driver's License; his infraction was riding without a helmet.

The victim's nephew, Wallison de Jesus, who was nearby, stated that Genivaldo complied with all commands. An officer asked Genivaldo to lift his shirt, after which the officer claimed Genivaldo had psychiatric drugs in his pocket and a prescription. Witness videos show the officers looking at documents, searching Genivaldo with his hands on his head, and swearing at him, causing him to become upset. He reacted to the aggressive approach and was knocked down and immobilized.

Another video shows an officer trying to immobilize him with legs on his neck while another approaches armed. The nephew tried to warn that his uncle was schizophrenic, but the officers called for reinforcements. According to Wallison, the police tortured Genivaldo with pepper spray, kicks to the legs, and stomps on the head; witnesses said the assault lasted about thirty minutes. He was then placed in a vehicle with his hands behind his back and legs sticking out.

While officers pressed the boot lid against him, one threw a gas bomb inside; white smoke billowed from the vehicle. Wallison reported an officer pushed his mother, and when his sister-in-law objected, the officer replied, "He's better off than us in there. He was taken to the Civil Police Station of Umbaúba, found unconscious, and then taken to José Nailson Moura Hospital, where his death was confirmed.

Investigation

The PRF stated that Genivaldo "actively resisted an approach" and that "immobilization techniques and instruments of less offensive potential were employed for his restraint. The statement did not mention that officers locked him in the boot while white smoke was expelled from the vehicle. Wallison said, "At no time did he show force. In fact, when he was approached, he raised his hands and shirt, and showed that he didn't have any weapon.

The PRF opened a disciplinary procedure to investigate the officers' conduct, and the family registered a Boletim de ocorrência. The Federal Police opened an inquiry, stating that "diligences about the case have already been initiated and the PF is working to clarify what happened as soon as possible. The Order of Attorneys of Brazil in Sergipe said it "has respect for the institutions, but does not support any kind of violence or torture. The Public Prosecutor's Office opened proceedings to follow the investigations.

The Human Rights Commission of the Federal Senate said it would investigate. On 26 May, the PRF removed the officers involved. On 27 May, the Regional Office for the Rights of the Citizen in Sergipe opened investigative proceedings for "violations of citizens' rights and, in particular, of the rights of persons with disabilities. On 28 May, the Federal Council and the OAB of Sergipe requested the precautionary arrest of those involved, and the Workers' Party presented a request to summon Justice Minister Anderson Torres and invite PRF Director-General Silvinei Vasques for explanations.

On 7 December 2024, Paulo Rodolpho Lima Nascimento, William de Barros Noia and Kleber Nascimento Freitas were convicted and sentenced to between 23 and 28 years imprisonment for Genivaldo's killing.

Reactions

The footage of the police operation spread widely online, drawing responses from political figures, civic groups, human rights advocates, and artists. Human Rights Watch expressed being "dismayed and shocked" by the death of Genivaldo de Jesus Santos, a 38-year-old Black man with psychosocial disabilities, at the hands of the Federal Highway Police in Sergipe. The United Nations Human Rights Office for South America urged Brazilian authorities to conduct a "swift and thorough" investigation.

Its regional head, Jan Jarab, noted that the case, already shocking, again raises doubts about human rights in Brazilian police actions, referencing incidents like the Vila Cruzeiro massacre. The Brazilian Public Security Forum stated that Genivaldo's death "shocked Brazilian society by the level of its brutality," highlighting the institution's failure to ensure officers follow basic approach procedures. The Dom Paulo Evaristo Arns Human Rights Commission called for the arrest of the involved officers, arguing the crime requires a prompt probe into individual responsibility through due legal process, which was denied to the victim in his summary execution.

Two groups active in the Black movement filed a public civil action in the Sergipe Federal Court against the Union, seeking R$128 million in compensation for collective and social moral damages. The widow, Maria Fabiana dos Santos, said, "I don't even call it fatality. This was really a crime, they acted cruelly to kill him." A nephew, Ismael dos Santos, remarked, "We still can't understand what happened.

My uncle was without a helmet, but here in the interior it is something common and even so he shouldn't have been killed for that. That is not a crime of death." President Jair Bolsonaro responded, "I will check with the PRF." During a May 27 meeting between former President Luiz Inácio Lula da Silva and social movements, a minute of silence was observed for Genivaldo, as Lula, former governor Geraldo Alckmin, and other leaders held signs demanding justice.

Did You Know?

• Genivaldo had been taking controlled medication for schizophrenia for twenty years.
• He lived in a house with only two rooms, in a simple neighborhood of Umbaúba.
• He had a seven-year-old son and an 18-year-old stepson.