THE APPLICABILITY AND CONCRETE EFFICACY OF THE FUNDAMENTAL RIGHT TO PUBLIC SAFETY

Abstract

Public safety, enshrined as a fundamental right in Article 144 of the 1988 Federal Constitution, represents much more than a simple individual guarantee - it is a sine qua non condition for the full exercise of citizenship and for the maintenance of the social pact itself. However, when we observe the contemporary Brazilian scenario, we come across a glaring dissonance between the constitutional provision, which elevates safety to the category of a primary right, and the daily reality marked by alarming rates of violence, a widespread feeling of insecurity and growing distrust in the institutions responsible for ensuring this protection. This work therefore emerges as a critical and multidisciplinary analysis of this paradox that challenges jurists, public policy makers and society as a whole. Developed in three meticulously articulated chapters, this digital book undertakes an analytical journey that begins with the theoretical foundations of the right to safety, traverses the complex reality of national crime and culminates in a profound reflection on the structural causes of the crisis that plagues our public safety system. More than a mere academic compendium, this work aims to be an instrument for reflection and action, offering support for understanding the roots of the problem and pointing out possible paths for overcoming it.

In Chapter 1 - Public Security as a Fundamental Right, we establish the conceptual bases that support our analysis. Based on the political philosophy of Hobbes, Locke and Rousseau, we trace the historical evolution of the concept of security as a founding element of the social contract. We examine with technical rigor the process of positivization of this right in the Brazilian legal system, analyzing its insertion in the constitutional text and the institutional mechanisms created for its implementation. Particular attention is given to the permanent tension between individual guarantees and collective security needs, a dilemma that permeates the entire debate on public policies in this area.

In Chapter 2 - Crime in Brazil: A Multidimensional Portrait, we temporarily abandon the theoretical plan to delve into the complex empirical reality of violence in our country. Using up-to-date statistical data and emblematic case studies, we unveil the multiple facets of Brazilian crime: from the exponential growth of criminal organizations to the trivialization of urban violence, including the crisis in the prison system and the new forms of crime that have emerged in the digital age. This chapter highlights how historical, economic and social factors intertwine to create a scenario of structural violence that defies simplistic solutions.
The final chapter, Chapter 3 - The Public Security Crisis in Brazil: Between Primordial Instincts and the Failure of the Social Contract, represents the culmination of our reflection, where we articulate theory and practice to understand the deep roots of the current crisis. Inspired by the analyses of Foucault, Bauman and Zaffaroni, we examine how the progressive failure of the institutions responsible for public security reflects a broader crisis of the civilizing model. Particular emphasis is placed on the vicious circle that links state inefficiency, endemic corruption and the loss of legitimacy of institutions, phenomena that, together, daily undermine confidence in the social pact established by the 1988 Constitution.
Upon completing this analytical journey, the reader will be equipped not only with information, but with a robust interpretative framework to understand one of the most complex and urgent problems of contemporary Brazilian society. More than offering ready-made answers, this work seeks to stimulate qualified debate and critical reflection, indispensable conditions for the construction of effective and lasting solutions.
Intended for law students, legal professionals, public administrators, social science researchers and citizens aware of their role in building a safer and more just society, this book represents a significant contribution to the debate on public security in Brazil. May this reading inspire not only understanding, but also transformative action.
Happy reading to all,
The authors