Busca individual e domiciliar e a fundada suspeita: o discurso da segurança pública e o abuso de autoridade

Abstract

This article aims at the historical analysis of violence and abuse of authority by public security agents towards civil society, specifically against the black, poor, stigmatized, demonstrated by the abusive relations of inequality and discrimination, due to of historical inheritance of the dictatorship. As a result, the excesses brought by police officers since the dictatorship to the present day became cultural. From the above, will be specifically examined the well-founded suspicion, verified in the criminal procedural order in its art. 240, and the subsequent identification of objective requirements by the Superior Court of Justice, analyzing its criminal and criminal procedural consequences and its effectiveness vis-à-vis Brazilian society in order to avoid police abuses and abuses.