O medo do poder público no processo penal e na produção de provas: análise dos precedentes judiciais
The present work aims to demonstrate how much the broach metus publicae potestatis — fear of public power — on the part of individuals is still present, upon approach of the investigation agent, in the approaches carried out in situations seeking evidence of a criminal act, namely in “search and sei...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/56680 |
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| Resumo: | The present work aims to demonstrate how much the broach metus publicae potestatis — fear of public power — on the part of individuals is still present, upon approach of the investigation agent, in the approaches carried out in situations seeking evidence of a criminal act, namely in “search and seizure”, and other devices used by police agents for the purpose of producing evidence. Among the elements of the research, search and seizure stand out; and institutes regulated by the anti-crime package (Law 13,964/2019), the chain of custody of evidence and self-defense. The relevant bibliography was used as a source for the study, which made it possible to understand fear as a historical result of authoritarianism, criminal legislation, and the jurisprudence of the Court of Rio Grande do Norte, as well as the Federal Supreme Court and Superior Court of Justice, which allowed the identification of police actions that keep individuals away and silent, given the use of a methodology that goes beyond what is determined by the Federal Constitution and criminal and criminal procedural legislation. The research demonstrated that excesses and illicit acts still persist, regarding home violations, non-compliance with articles 5, XI and XXXIX, fundamental rights, the domestic inviolability of the CF and the principle of criminal legality, respectively. The misuse of purpose during the search and seizure at the home of a person caught in the act was exposed to the Court's judge; the use of the modality known as fishing expedition, when carrying out “speculative and indiscriminate” sweeps, sometimes without planning, without a court order authorizing entry into homes. The research also reveals that the action devices of the police agents involved in the jurisprudence analyzed, are predominantly punitive in nature, which generated nullities, waste of time and resources, through illegality, the evidence collected was null and all the effects resulting from them. The judges identified in the records of the cases analyzed that the police agents, acting illegally, intended to increase the sentence. In conclusion, the barrier of fear of public authorities remains, and needs to be modified by demonstrating balance, preparation and legality. With this objective in mind, the State needs to take on the responsibility of at least reducing this fear of public power. The pressing need for specific and general training of police officers in RN is evident, with a view to training these professionals regarding the weaknesses presented by the research, and promoting changes in the relationship with individuals in order to alter distrust towards the police, while complying with the laws regarding the protection of citizens. |
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