Polícia militar do Estado da Paraíba, validade da busca pessoal no enfretameno à criminalidade

Abstract

Through a qualitative bibliographical and documentary research, this work presents a discussion about the Military Police's action on Personal Search and its guiding element, the well-founded suspicion. It is known that violence is constantly increasing, causing serious problems for society. The State, through its own organizations, has the duty to promote public safety and maintain order. For this, the Military Police is tasked with developing ostensible and preventive policing. In this context, Personal Search is an activity of great relevance because it makes it possible to intervene in practices of crimes and to capture elements for investigation and investigation of the facts, and should be done only by a well-founded suspicion, as decreed by art. 244 of CPP. However, even if it is of great social value, the police approach is still incomprehensible by society, because this action limits individual rights in favor of the collective. Thus many people, when approached, see their individual rights being injured and do not understand that this act is legitimate and has a constitutional basis. Therefore, the present research shows the relevance of the approach, explaining the legislative approach that guides the police activity, also exposing the existence of certain limits in the approach that must be observed by the police so that no abuse is committed. In addition, it shows that the suspected suspicion is not used in a random way, but based on several criteria such as the place, situation and behavior of the subject.