O desafio do policiamento em um Estado Democrático de Direito

Abstract

Through a bibliographical research, the present work aims to analyze the challenge of policing in a Democratic Rule of Law, especially dealing with the Brazilian reality. Policing is the activity of patrolling the streets, for preserve the security of a social order, through the threat of legitimate use of physical coercion. In Brazil, the Military Polices are responsible for the ostensive policing. The Brazilian Constitution of 1988, on the order hand, states that Brazil is a Democratic Rule of Law. The Democratic Rule of Law intent to defend of the subjective rights everyone. Therefore, in reality, the main function of the police should be to ensure that these citizens’ rights are respected. For this, the police officers must have their fundamental rights guaranteed, after all, they are also citizens. However, through the valorization of the discipline and the hierarchy, violations of the rights of the training police officers and of the hierarchically subordinate police officers within the Military Police are constant. Besides that, the historically consecrated militarized logic, wich says that the role of the police responsible for ostensive policing is to combat an internal enemy, is rooted not only in the Military Police, but also in public safety as a whole and even in the society thinking. Thereby, the Brazilian police is responsible for numerous violations of citizens’ fundamental rights. It is concluded that policing, in order to be compatible with the Rule of Law and democracy fundamental principles, should be a public service universalized in an egalitarian way, as well as a civil and non-military activity. To do so, it’s necesary to rupture with the public safety ideological militarization and the police demilitarization is the first step towards achieving this goal.