Limites necessários ao pleno exercício do poder de polícia no Estado Democrático de Direito

Abstract

The purpose of this monograph is to carry out a study regarding the power of the police, one of the powers of the Public Administration, which has as its primary objective the preservation of the public and collective interest by limiting the rights, interests and freedoms of individuals. Thus, the power of the police is an important issue with regard to the relationship between the public administration and the citizen. In this vein, during the exercise of this state prerogative, irregularities may occur through excesses of power or deviations of blessings by public agents, which may harm individual rights and constitutionally guaranteed principles. Therefore, it is of relevant public interest, and also the objective of this work, to identify situations in which this power can be used irregularly or abusively, as well as to analyze and establish existing limits and restrictions necessary for its full exercise in the democratic state of law. For this, the legal and doctrinal teachings and legal norms were analyzed, in addition to the jurisprudential understanding of our main superior courts. From the results, it is concluded that the police power is shown as an indispensable state tool for the control and inspection in the most diverse areas of interest of the community, however, it must follow principles and rules so that its use does not have allowed arbitrarily or with influences other than those protected by law, so that interventions can fulfill their mission of protecting the interest of the community.