ANALYSIS OF THE LACK OF OBJECTIVE CRITERIA FOR CHARACTERIZING FOUNDED SUSPICION IN THE CONTEXT OF PERSONAL SEARCHES AND ITS IMPACTS ON PUBLIC SAFETY AND THE BRAZILIAN PENAL AND CRIMINAL PROCEDURAL SYSTEM

Abstract

This study addressed the concept of well-founded suspicion and its practical application in the Brazilian criminal procedural system, focusing on the conduct of personal searches by police authorities. The research aimed to analyze how the lack of objective criteria for the characterization of well-founded suspicion can impact police work and the Brazilian criminal process; specifically, it sought to conduct a brief analysis of the concept of well-founded suspicion for personal searches, in addition to analyzing current legislation, the understanding of higher courts and doctrine, in order to determine how the legislative gap interferes with police work and the production of evidence in criminal proceedings, considering the current scenario of legal uncertainty experienced by both public security agents and citizens. To this end, a literary review was carried out in digital books, journal articles and court decisions contained in the websites of the STF and STJ. Through qualitative analysis, it was found that the lack of definition of what constitutes well-founded suspicion generates subjective interpretations, based on generic physical or behavioral characteristics. The jurisprudence of higher courts has been requiring objective criteria for conducting personal searches. Therefore, it can be inferred that the adoption, by legislation or case law, of more objective criteria for carrying out personal searches based on well-founded suspicion is essential to guarantee legal certainty, ensure the lawfulness of evidence obtained in criminal proceedings and protect the fundamental rights of individuals.