VZCZCXRO5937
PP RUEHRG
DE RUEHSO #0992/01 3531809
ZNR UUUUU ZZH
P 191809Z DEC 07 ZFF6
FM AMCONSUL SAO PAULO
TO RUEHC/SECSTATE WASHDC PRIORITY 7761
INFO RUEHAC/AMEMBASSY ASUNCION PRIORITY 3238
RUEHBR/AMEMBASSY BRASILIA PRIORITY 8905
RUEHBU/AMEMBASSY BUENOS AIRES PRIORITY 2992
RUEHLP/AMEMBASSY LA PAZ PRIORITY 3639
RUEHMN/AMEMBASSY MONTEVIDEO PRIORITY 2552
RUEHSG/AMEMBASSY SANTIAGO PRIORITY 2249
RUEHRG/AMCONSUL RECIFE PRIORITY 3929
RUEHRI/AMCONSUL RIO DE JANEIRO PRIORITY 8498
RUEHRC/DEPT OF AGRICULTURE WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY

UNCLAS SECTION 01 OF 02 SAO PAULO 000992 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/BSC, WHA/PDA AND DRL 
NSC FOR TOMASULO 
SOUTHCOM ALSO FOR POLAD 
USAID FOR LAC/AA 
 
E.O. 12958: N/A 
TAGS: BR PGOV PHUM OEXC OIIP KCRM SNAR
SUBJECT: OVERWORKED SAO PAULO JUDGES WANT GREATER LAW 
ENFORCEMENT COOPERATION 
 
REF: SAO PAULO 946 
 
Summary 
------- 
 
¶1.  (SBU) Sao Paulo judges tell us that they are overworked 
and overburdened and that the growth in the drug trade and 
lack of prison space make their already difficult work even 
more challenging.  Greg West, Assistant United States 
Attorney and Organized Crime and Terrorism Section Chief for 
the Northern District of New York, traveled to Sao Paulo 
December 5-7 as part of a PA program on organized crime and 
plea bargaining.  In addition to delivering several lectures 
West presented at the Sao Paulo School of Magistrates, West 
met with the incoming and outgoing Chief Justices of the Sao 
Paulo State Supreme Court and President of the Criminal 
Section of the Sao Paulo State Courts of Appeals.  In 
addition, he visited the Barra Funda Criminal Court, Latin 
America's largest criminal court, to learn about its 
operations and procedures.  Justices were eager to hear about 
the judicial system in the United States and how the courts 
handle organized crime.  They asked for further exchanges and 
assistance.  End Summary. 
 
 
Drug Trafficking 
---------------- 
 
¶2.  (SBU) During a December 6 meeting, President of the 
Criminal Section of the Sao Paulo State Courts of Appeals, 
Justice Luis Carlos Ribeiro dos Santos, emphasized that drug 
trafficking is one of the most serious criminal issues in the 
State of Sao Paulo.  He lamented how many children are 
pressured to run drugs and then become victims of associated 
violence.  Justice dos Santos said that organized criminal 
gangs are increasingly involved in the drug trade and 
predicted that as part of their participation in a variety of 
criminal activities, they could potentially become involved 
in more nefarious endeavors including terrorist financing. 
(Note:  Poloff believes this comment does not reflect any 
current tie between criminal gangs and terrorist financing, 
but rather illustrates the thinking by Justice dos Santos of 
what could occur.  End Note.) 
 
Additional Concerns 
------------------- 
 
¶3.  (SBU) Sao Paulo State Supreme Court of Appeals Criminal 
Division justices raised a number of issues they saw as 
impeding the fight against crime: 
 
-- Many law enforcement officials are involved in criminal 
activities, including a recent example of a case the court 
tried in which a chief of police was actually serving as the 
treasurer for a gang.  Justice dos Santos, who takes over as 
president of the Public Administration Section of the court 
in January, said that in addition to police corruption, 
corruption among politicians and elected officials is also 
widespread.  He noted that although Sao Paulo State has 645 
municipalities, each with one mayor, there are over 1200 open 
corruption cases against mayors in the state. 
 
-- Justices complained about the lack of prison space in Sao 
Paulo State.  Other states regularly send their criminals to 
be jailed in Sao Paulo, regardless of where the crime 
occurred, because Sao Paulo has more jails and, even despite 
its own case backlog, manages to process prisoners much 
faster.  However, the budget for all of the prisons in Sao 
Paulo comes solely from the state government meaning that Sao 
Paulo has to pay for the incarceration of prisoners from all 
over the country.  Sao Paulo is not able to house adequately 
 
SAO PAULO 00000992  002 OF 002 
 
 
all of these prisoners nor build new facilities, leading to 
poor prison conditions and potentially to widespread abuses. 
(See reftel.) 
 
-- The judges remarked that the federal government does not 
provide police with the funding nor legal tools necessary to 
fight trafficking in persons, arms, and drugs across Brazil's 
national borders. 
 
The Court and its Internal Challenges 
------------------------------------- 
 
¶4.  (SBU) Both during a meeting with the Criminal Section of 
the Sao Paulo Court of Appeals and during a visit to Latin 
America's largest criminal court, the Barra Funda Criminal 
Court (in the city of Sao Paulo), West's interlocutors 
pointed out serious problems within the judicial system. 
Judicial proceedings are lengthy and take much longer than 
they should because of bureaucratic holdups and processing 
delays.  According to the judges, they are overburdened with 
cases and do not have enough staff support.  The Brazilian 
Constitution does not allow plea bargaining even if the 
accused confesses, thus every case must be tried.  The 
Constitution also provides wide latitude for appeals.  This 
leads to an ever-growing backlog of cases.  Incoming Sao 
Paulo State Supreme Court Chief Justice Celso Limongi 
commented that the greatest challenge facing the Sao Paulo 
Supreme Court is that it does not have a guaranteed annual 
budget; consequently, each year the governor is required to 
ask the State Assembly to allocate the funds necessary to 
finance the judicial system.  He said that Governor Jose 
Serra is "sensible" but could do more to support the courts. 
Judge Nelson Becker, a 2006 IV grantee, told West that the 
judiciary's independence is questioned when it has to beg the 
legislature for additional annual operating funds.  Judges 
are forced to lobby members of the State Assembly, thus the 
Court's greatest need is an independent budget, Becker added. 
 All the justices asked for continued exchanges with the 
United States and any kind of assistance we might provide in 
judicial and law enforcement training. 
 
Comment 
------- 
 
¶5.  (SBU) Brazilian media regularly report on the social 
challenges of corruption, the growing drug trade, and the 
overburdened judicial system.  To hear the same issues raised 
by the most senior judges in Sao Paulo State, which many 
analysts admit has the best bench in all of Brazil, suggests 
that the problems are indeed large and pressing.  These 
Justices presented a clear set of issues with which they seek 
cooperation and assistance.  We will continue to provide 
opportunities for dialogue with the Sao Paulo State 
Government and monitor other concerns within the law 
enforcement community. 
 
¶6.  (U) This cable was coordinated with Embassy Brasilia. 
WHITE