Fundada suspeita e abordagem policial: critérios técnicos e legalidade
Fundada suspeita e abordagem policial: critérios técnicos e legalidade
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DOI: https://doi.org/10.22533/at.ed.561122607052
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Palavras-chave: Abordagem; Policial; Legalidade; Fundada; Suspeita.
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Keywords: Approach; Police; Legality; Founded; Suspicion.
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Abstract: Police intervention is a fundamentally important technical procedure for military police service, as it acts directly against criminal offenses and has specific elements, namely, reasonable suspicion (a legitimizing element) and personal search (an element of prevention and repression). This study, entitled "Reasonable Suspicion and Military Police Intervention: Technical Criteria and Legality," will discuss issues concerning the legality of police intervention in relation to the right to personality (right to come and go, right to privacy), highlighting topics such as: personal searches of women; and the limits of police intervention. The following qualitative methods will be applied in this research: theoretical research and case study. The theoretical research was conducted through documentary and bibliographic research. The case study, on the other hand, was conducted through the analysis of Habeas Corpus Appeal RHC No. 158.580-BA, which consolidated the legal parameters in the superior courts regarding police intervention and personal search procedures. Finally, it was understood that a police approach based on vague just cause, using subjective criteria as the sole reason for police intervention, results, according to the current understanding of the higher courts, in the delegitimization of preventive police action and the consequent nullity of incriminating evidence obtained during the respective procedure.
- Nirlen Manoel Costa da Silva
- Adalberto Rodrigo de Andrade Figueira Corrêa
- Jáffisson Magalhães da Costa
- Adriangelo Melo DE Castro