Facts and Norms Institute Submits Amicus Brief in Tapanã Massacre Case
- Henrique Napoleão Alves
- Apr 8
- 2 min read
SAN JOSÉ, Costa Rica – April 8, 2025 – The Facts and Norms Institute | Instituto Fatos e Normas today submitted an Amicus Curiae (friend of the court) brief to the Inter-American Court of Human Rights concerning the case of Cley Mendes et al. v. Brazil. This submission addresses the 1994 extrajudicial execution and torture of three teenagers in Belém, Pará, known as the "Chacina do Tapanã" (Tapanã Massacre), and the subsequent impunity.
This filing follows the Institute's notable contribution to the recent Leite de Souza et al. v. Brazil (Acari Massacre) case. In its December 2024 judgment condemning Brazil for the 1990 forced disappearances in Rio de Janeiro, the Inter-American Court explicitly cited the Facts and Norms Institute's Amicus brief, acknowledging its value in demonstrating the context of systemic police violence, structural racism, and the role of militias and death squads affecting vulnerable populations in Brazil.
Building upon that recognized analysis, the Institute's new brief for the Cley Mendes case, prepared by Roberta Cerqueira Reis, Sofia Viegas Duarte, and Felipe Martins Anawate, aims to provide the Court with further evidence and arguments regarding the persistent and systemic nature of state violence in Brazil.
The Cley Mendes case, brought before the Court by the Inter-American Commission on Human Rights (IACHR) in June 2023, concerns Brazil's international responsibility for the killings of teenagers Max Cley Mendes, Marciley Roseval Melo Mendes, and Luís Fábio Coutinho da Silva by military police officers during an operation, and the subsequent lack of effective justice, with accused officers ultimately acquitted decades later.
The Institute's Amicus Curiae argues that the Tapanã Massacre, much like the Acari case, is not an isolated incident but is symptomatic of deeply rooted structural problems within Brazil. The brief reiterates and expands on themes previously acknowledged by the Court, including:
Recurring State Violence: Presenting data showing that lethal police violence remains a critical issue, especially in states like Pará, disproportionately impacting young, Black, and poor Brazilians, often fueled by a "culture of retaliation."
Flawed Transitional Justice: Connecting ongoing impunity and militarized police structures to Brazil's incomplete transition from dictatorship and the enduring effects of the 1979 Amnesty Law.
Dehumanization: Analyzing how the labeling of victims as "bandidos" (bandits) legitimizes excessive force and contributes to a cycle of violence against poor and Afro-descendant populations, echoing concepts acknowledged in the Acari judgment.
Importance of Court Intervention: Highlighting the positive domestic impact of previous Court rulings (e.g. Favela Nova Brasília) on measures such as the ADPF 635, reinforcing the Court's crucial role in driving necessary reforms.
Leveraging its established engagement on these issues, the Facts and Norms Institute urges the Court to consider this pattern of state violence and impunity when determining Brazil's responsibility in the Cley Mendes case. The brief supports the IACHR's recommendations for structural change and proposes additional measures, such as mandatory body cameras, robust anti-racism policies, and human rights training criteria, aiming for both justice for the Tapanã victims and guarantees of non-repetition.
To read the full memorial [written and submitted in Brazilian Portuguese], click here:
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