Abrangência e efeitos da súmula vinculante nº 11

Abstract

The Federal Supreme Court, in August 2008, after the trial of Habeas Corpus nº 91.952, edited the Supreme Court Binding Norm nº 11, regulating the use of handcuffs and predicting the consequences for its misuse. The norm states that handcuff a prisoner is an exceptional measure, which is justified only when there is resistance, danger of scaping, risk to his physical integrity or that of others. The misuse subjects the authority to civil, criminal and administrative liability, and causes the invalidity of the arrest or the act. In this way, the police activity has been made more complex, because the conductor must justify in writing the need for the use of handcuffs, often having little time to make such a decision, under penalty of being held responsible or pay with their lives, if the wrong choice is made. Besides, the constitutional rights of the prisoner and of the society are in conflict, which deserves a treatment from the perspective of reasonableness. Moreover, there are controversies regarding the cancellation or convalidation of the acts in which the prisoner appears handcuffed, which should be analyzed in light of the current system of procedural nullity. The objective is, therefore, the examination of several issues raised since 2008 and what solutions have been adopted by the case law.