THE LIMITS OF THE USE OF FORCE IN POLICE STOPS: THE JUDICIAL GUIDELINES OF THE SUPERIOR COURT OF JUSTICE (STJ)

Abstract

The police is formed by the main mechanism found by the modern State to ensure the maintenance of law and order, it has as its prerogative the regulation of social relations through physical force as a legitimate and constitutive act of its function. In this way, at the same time that it represents the authority to intervene when necessary, it can also be materialized as a powerful instrument for violating citizens' rights when it makes abusive use of force, especially lethal force. The objective of the study was to analyze how police authorities in Brazil can guarantee the physical integrity of the approached, maintaining the effectiveness of police actions in situations of well-founded suspicion, based on the jurisprudence of the Superior Court of Justice (STJ) and the legal foundations. For data collection, the research was bibliographical. Therefore, relevant legal documents were analyzed, including case law of the Superior Court of Justice (STJ) on the use of force in police stops, highlighting the precedents that guarantee the physical integrity of the approached. According to the results achieved, it was clear that the challenge continues to be to ensure active internal affairs departments, but that show the population their power of action, generating public reports with the results of the cases analyzed, referrals given to the cases, and strengthening the transparency of police institutions. In view of the STJ's understanding, it is clear that the progressive use of force establishes that police stops must begin with a mild form and the use of lethal weapons occurs only as a last resort, when there is a significant risk to the safety of police officers and civilians. It is concluded that Brazil needs to make greater investments in public security through more transparent actions, positive assertions and strategic planning determined for the current scenario to be in fact changed, as it is still nebulous and the insecurity that has been installed within Brazilian society continues to be difficult to resolve.