Legal feasibility of special permission for public security agents to act unlawfully in case of self-defense

• Autor(a) principal: Fialho de Oliveira, MSc. Iolete Maria
• Data de Publicação: 2020
• Outros Autores: dos Santos Costa, Leonardo Otaviano
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/192
• topic: Abate de criminosos; Presunção de inocência; Legí­tima defesa; Excludente de ilicitude; Segurança Pública.; : Immediate execution of criminals; . Presumption of innocence. Self-defense. Special legal permission. Public security.

The theme of this article is the legal feasibility of immediately executing criminals carrying firearms of restricted use of the armed forces. The following issue was investigated: is said execution legally feasible from the perspective of the Federal Constitution of 1988 and the of the subconstitutional legislation in force in Brazil? The following hypotheses were considered: the first is that said execution is unfeasible, from a legal point of view, for violating the accused's individual rights and guarantees, such as the presumption of innocence; the second considers the feasibility from a flexible understanding of the current legislation, in order to ensure more safety to the police officer without, at the same time, violating constitutional precepts. The general objective is to define the legal feasibility of that execution, in the light of fundamental rights and guarantees, provided in the text of the Federal Constitution and the current subconstitutional legislation.