A abordagem policial e a fundada suspeita: uma análise sobre a fundada suspeita na busca pessoal a partir do entendimento do Superior Tribunal de Justiça

• Autor(a) principal: Queiroz, Kássia Kettylen Duarte
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40939
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Fundadas suspeitas; Abordagem policial; Ausência de critérios objetivos; Nulidades; Well-founded suspicions; Police approach; Lack of objective criteria; Nullities

This academic article deals with the issue of well-founded suspicion. The topic is still a controversial issue in Court decisions, as there is no legal definition on the topic. The Criminal Procedure Code, in its articles 240, § 2, and 244, stipulate that a personal search can only be carried out, without a judicial warrant, in the case of arrest or when there is a well-founded suspicion that the person is in possession of a prohibited weapon. or of objects or papers that constitute a crime, or when the measure is determined in the course of a home search or the objects mentioned in letters b to f and letter h of the aforementioned article. The subjectivity present in the expression "founded suspicion", as well as its lack of clear definition, leads to a lack of control over personal searches. In view of the above, these subjective configurations, devoid of elements indicative of possible criminal activity, do not fall within the legal exception for personal searches. While violation of these legal provisions regarding personal searches directly implies the illegality of the evidence obtained, as well as entailing criminal and administrative liability for the public agent involved in the investigation. Thus, since 2017 there has been an increase in cases in the Superior Court of Justice dealing with what are the elements related to the well-founded suspicion that authorize the personal search. However, although, in 2022, the Ordinary Appeal in Habeas Corpus (RHC) nº 158.580/BA attempted to establish criteria and clauses related to the determination of “founded suspicion” for carrying out personal searches, subsequent rulings have already highlighted the lack of uniformity in the jurisdiction