POSSIBLE VIOLATIONS BY THE METROPOLITAN GUARD OF PALMAS/TO IN PRISON IN FLAGRANT OFFENSE

Abstract

Arrest in the act is a crucial measure in combating crime, playing a fundamental role in preserving public order and ensuring the safety of society. The study aims to analyze violations in arrests in flagrante delicto carried out by the Metropolitan Municipal Guard of Palmas, Tocantins. The exploratory-descriptive study used qualitative methods, with bibliographical research in legal and documentary sources about the Metropolitan Municipal Guard of Palmas. Legislation and reports of arrests in the act were analyzed, with data extracted from the PPE/SINESP and eProc systems, focusing on the period from July to December 2023. Arrests carried out by the Guard were examined, and judicial decisions in custody hearings were assessed for their legality. The study identified the concrete and relevant action of the Municipal Guard of Palmas, Tocantins in arrests in flagrante delicto, indicating that the majority of them were converted into provisional release with restrictions. Only two were converted into preventive detentions, with the judiciary understanding, therefore, that the allegations and justifications for maintaining precautionary detention were not presented. Furthermore, some complaints of excesses and due diligence have been filed against the Metropolitan Guard, indicating non-compliance with constitutional principles and fundamental rights, as well as the execution of duties that do not comply with legislation. The Municipal Guards in Brazil, recognized as public security bodies with specific functions, have generated debates about their competencies. Superior courts have clarified these functions, including the ability to make arrests in the act, respecting legal limits. There are still discussions about the conditions for such arrests, but the Guards must not carry out overt or investigative policing activities. Continuous legal training for guards is essential to ensure legality and community trust in their actions.