THE LIMITS OF POLICE CONDUCT DURING STOPS: BETWEEN POLICE AUTHORITY AND THE VIOLATION OF HUMAN DIGNITY
DOI:
https://doi.org/10.51891/rease.v12i10.31542Keywords:
Police stop, Abuse of authority, Human dignity, LimitsAbstract
Police power constitutes an essential instrument for state action in preserving public order and protecting the community; however, its exercise is limited by fundamental rights, particularly the principle of human dignity. Thus, this study sought to analyze the legal consequences arising from abusive police conduct and violations of human dignity during stops and other state interventions. The methodology involved bibliographic and documentary research—qualitative in approach and descriptive in nature—grounded in the Federal Constitution, Brazilian legislation, books, scientific articles, and judicial decisions published between 2020 and 2026. The results indicate that abuse in the exercise of police power can lead to consequences in the criminal, civil, and administrative spheres, as well as procedural repercussions, such as the ruling of inadmissibility for evidence obtained during stops or searches conducted without adequate legal grounds. Recent case law also highlights the requirement for "reasonable suspicion" regarding certain police interventions and the necessity of adhering to legal limits when carrying out intrusive measures. The study concludes that police power must be exercised in a manner that is proportionate, well-founded, and compatible with fundamental rights; oversight mechanisms, the training of public agents, and effective accountability for abusive conduct are indispensable to reconciling public safety with the protection of human dignity.
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Atribuição CC BY