THE POLICE APPROACH AND FUNDAMENTAL RIGHTS: A GUARANTOR PERSPECTIVE

Abstract

The police approach causes different impacts on the social strata and, with the increase in crime, it has been increased as an alternative to combat it. In this scenario, the guarantee emerges as a tool for limiting the power of the State. The objective of the research is to analyze the Habeas Corpus Appeal No. 158.580, of the Superior Court of Justice, in the light of Luigi Ferrajoli's guarantee and its impact on police stops. To this end, it sought to explain the theories of guaranteeism and Fundamental Rights; and analyze the legality of police stops and their reflections on Fundamental Rights and other influences. The methodology will be bibliographic. The guiding hypothesis is that the decision in question was a guarantee.