POLICING BETWEEN THE DUTY TO PROVIDE SECURITY AND INDIVIDUAL RIGHTS AND GUARANTEES: AN ANALYSIS OF THE LEGAL FRAMEWORK APPLICABLE TO THE MILITARY POLICE OF AMAZONAS
DOI:
https://doi.org/10.51891/rease.v12i11.32294Keywords:
Policing, Individual rights and guarantees, Use of force, Legal framework, AmazonasAbstract
This article analyzes the legal framework applicable to policing in the State of Amazonas in light of individual rights and guarantees. It addresses how this framework — from the Federal Constitution to Amazonas state norms — reconciles the State's duty to provide public security with the protection of fundamental guarantees. It adopts a qualitative, descriptive-analytical approach, using the deductive method and bibliographic and documentary research techniques, examining the normative corpus in a federal-state scaling. The results indicate that policing is subject to a structure of dual binding, articulated by the principle of proportionality in its double dimension; that the federal stratum has recently strengthened the rights-protective vector through Decree No. 12,341/2024 and MJSP Ordinance No. 855/2025; and that an asymmetry persists, at the Amazonas state level, between the normative robustness of the security duty and the lower regulatory density of guarantees, aggravated by the territorial neutrality of the norms in face of Amazonian reality. It concludes that constitutional harmonization depends on the incorporation and regionalization of national parameters by the state normative order.
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Atribuição CC BY