BINDING SUMMARY Nº 11 OF THE SUPREME FEDERAL COURT: GENERAL ASPECTS AND APPLICATION IN POLICE ACTIVITY

Abstract

This work reproduces studies and makes reflections about the Binding Precedent nº 11 of the Federal Supreme Court in what concerns the general aspects and application in the police activity. It raises questions about whether it should be applied, when it should be applied and how the aforementioned summary should be applied. It assumes that the aforementioned summary has no applicability in the day-to-day of police activity. The research methodology used is qualitative, consulting legislation, jurisprudence and doctrine. The present work first brings the historical evolution of the prison sentence and general considerations. Subsequently, it addresses the arrest in the act as a motivating fact for the use of handcuffs and the criminal and administrative procedural rules related to the subject. Then, it studies constitutional norms. It continues studying the origin of the Binding Precedent nº 11 of the Federal Supreme Court. Still, it explores the essential requirements for the existence of a binding precedent and the procedural aspects. Finally, it concludes that the Binding Precedent nº 11 of the Federal Supreme Court is incompatible with the day-to-day performance of state police officers and the Federal Highway Police.