THE EFFECTIVENESS OF THE FUNDAMENTAL RIGHT TO PUBLIC SECURITY IN BRAZIL: RETURN TO THE STATE OF NATURE OF THOMAS HOBBES IN THE XXI CENTURY

Abstract

The fundamental right to public security is provided in Arts. 5, 6 and 144 of the Federal Constitution of 1988, which imposes on the State the duty to effect it in Brazilian society. However, when analyzing the performance of the Brazilian State with regard to guaranteeing security to society, it is possible to see excessive levels of crime that increase every year in the country. High homicide rates among young people, war between criminal factions, and increased violence against women are examples of violence in the country, which makes it possible to compare it with the Hobbesian state of nature in which individuals act according to their own interests , without the presence of a strong state to regulate them, and this autonomy is what Thomas Hobbes mentions as "The war of all against all", capable of causing social unbalance. However, this article aims to analyze the effectiveness of the right to public safety by the Brazilian State in relation to crime, in order to draw a parallel with the state of nature idealized by Thomas Hobbes in the work "The Leviathan. As for the methodological aspects, it should be a bibliographical and documentary research, of a theoretical and empirical nature, with a qualitative and quantitative approach. Finally, the data show that the Brazilian State does not act in an efficient way with regard to the public security of the country, which leads one to believe that Brazilian society lives in a constant state of nature in the XXI century and that there is much to thrive.