LEGAL PRINCIPLES OF POLICE ACTION

Abstract

This paper aims to analyze legal principles in light of current legal provisions in Brazil, focusing on the limitations of the State in relation to fundamental rights and guarantees. The general objective of the research is to identify the legal assumptions and limits of the police approach. There is a need to deepen knowledge on this topic, since during an approach, some citizens' rights are restricted, and it is crucial to understand the legal basis for these actions. The topic is relevant both for public agents, who must avoid arbitrariness in their actions, and for citizens, who have rights and duties before society, observing the principle of the supremacy of the public interest over the private interest. This paper addresses fundamental guarantees and how they interfere with the rights of citizens, recognizing that no right is absolute. Regarding the limits of police power, the strict police approach refers to the personal search, which must meet requirements such as well-founded suspicion so that the administrative act is not considered arbitrary.