THE IMPACT OF LEGAL INSECURITY ON POLICE DECISION-MAKING AND ITS EFFECTS ON PUBLIC SAFETY

Authors

DOI:

https://doi.org/10.51891/rease.v11i10.21637

Keywords:

Public Security. Legal Uncertainty. Military Police. Legal Security. Crime.

Abstract

Public security is one of the essential pillars of the Democratic Rule of Law, with the Military Police responsible for maintaining public order and protecting people and property, as provided in Article 144 of the 1988 Federal Constitution. However, police action has been impacted by growing legal uncertainty, characterized by interpretative uncertainty and the volatility of jurisprudential understandings. This phenomenon compromises the predictability of security agents' actions, making strategic decision-making in crime control more difficult and exposing police officers to risks of liability. This study aims to analyze the impacts of legal uncertainty on police action and its repercussions on public security. To this end, the factors contributing to this normative instability were identified, along with its operational and institutional consequences. The methodology adopted is based on a bibliographic review and jurisprudential analysis, allowing for a critical approach to the challenges faced by security agents. The results indicate that the fluctuation of understandings in higher courts and the lack of clear normative parameters generate hesitation in police conduct, affecting the efficiency of security actions and public perception of justice. It is concluded that mitigating these adverse effects requires legislative and institutional improvements, ensuring greater legal security for law enforcement professionals and efficiency in crime control.

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Author Biographies

Breno Pinto Ramalho, Gran Centro Universitário

Graduado em Segurança Pública pelo IFTO. Pós-graduado em Ciências Jurídico-Criminais e Pós-graduado em Direito Penal e Processual Penal, ambos pelo Gran Centro Universitário. Graduando em Direito pela Uninassau - Palmas/TO. Lattes: http://lattes.cnpq.br/9249322555861531.

Maurício Kraemer Ughini, GRAN Centro Universitário

Professor Orientador. Advogado Criminalista. Especialista em Direito Civil e Processual Civil. Especialista em Análise Criminal. Especialista em Direito Constitucional. GRAN Centro Universitário.

Published

2025-10-27

How to Cite

Ramalho, B. P., & Ughini, M. K. (2025). THE IMPACT OF LEGAL INSECURITY ON POLICE DECISION-MAKING AND ITS EFFECTS ON PUBLIC SAFETY. Revista Ibero-Americana De Humanidades, Ciências E Educação, 11(10), 4432–4444. https://doi.org/10.51891/rease.v11i10.21637