ANALYSIS OF THE JURISPRUDENCE OF ADPF 635, THE ADPF OF THE FAVELAS

Abstract

The Allegation of Non-Compliance with a Fundamental Precept number 635 was confirmed as a relevant instrument of the concentrated control of constitutionality applied to public security policies, especially with regard to the protection of fundamental rights and guarantees. However, the delay in the trial and the long validity of the precautionary measures ended up expanding, in an atypical way, the intervention of the Judiciary in matters related to Public Security, stressing the principle of separation of powers. Although it has contributed to reducing police lethality, the prolonged suspension of regular operations has ended up producing zones of state absence, favoring the territorial expansion of criminal organizations and compromising the constitutional duty to protect public security. The article demonstrates, from a legal-constitutional perspective, that judicial decisions of a structural nature can produce unwanted side effects when they affect complex public policies, revealing the need for greater institutional balance in the formulation of measures that impact the state presence in vulnerable territories.