A superação do princípio da segurança pública

• Autor(a) principal: Glina, Nathan
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/22883
• topic: Direitos Humanos; Segurança Pública; Direito à Paz; Human Rights; Public Security; Right to Peace; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present work is dedicated to the study of public security as a human right, surpassing the vision of legal principle, giving concrete dimension to the right to peace, in a way that also seeks to achieve the individual realization of this right, which belongs to each person, but also to States and people, through the analysis of the right to public security, state duty and the responsibility of all. Public security in a modern view must be understood in a broader sense, of the realization of fundamental rights, in view of its function as the true platform for guaran-teeing other human rights, notably the rights of liberty and even the pursuit of happiness. There is no antagonism between public security and other human rights. Security guardianship is even related to the social contract theories and the purposes and functions of States. In the Brazilian scenario, it is verified that there is no undue fulfillment of this function, duty and State purpose, being appropriate the jurisdictional control of the performance of the Executive and Legislative Powers. Comparing the constitutional normative provisions of other states on the subject and also the greater or lesser success in providing security, given the criteria of population and per capita GDP, it was possible to compare the situation of Poland in relation to the Estado de São Paulo, visualizing that with similar amount of available resources and population, it is possible to achieve much more satisfactory safety results. There are several necessary changes in the República Federativa do Brasil, so that the protection of public security and the performance of public service by the State is more effective, making the legal duty brought by the declaration of law into transformative practice