A LEGALIDADE DAS ABORDAGENS POLICIAIS E O CERCEAMENTO DO DIREITO DE LOCOMOÇÃO

Abstract

This work aims to provide a brief introduction to Luigi Ferrajoli's guaranteeism, as well as to analyze the criticisms regarding its application in the Brazilian context. A brief overview of the rights addressed in this project, such as the right to freedom and Public Security, will be presented. Subsequently, an analysis of the legal foundations that underpin police approaches, administrative or procedural aspects, as well as the requirements of Articles 240 to 244 of the Code of Criminal Procedure, with special emphasis on the term “founded suspicion”, a term that causes numerous controversies in the field of law, will be conducted. Finally, to conclude the presented content, a brief analysis will be made from a guarantee perspective of the ruling by the Sixth Chamber of the Superior Court of Justice, which deemed illegal the personal or vehicle search, without a judicial warrant, motivated solely by the police's subjective impression of the individual's appearance or suspicious behavior. This ruling will also be contrasted with the recent jurisprudence of the Second Chamber of the Federal Supreme Court, which recognized the essentiality of approaches for Public Security. For the preparation of this research, a bibliographical and documentary survey was used, based on a qualitative analysis, where through the deductive method, an attempt was made to conclude about the Judiciary's alignment on such a controversial term.