THE EFFECTIVENESS OF OBJECTIVE APPROACH PROTOCOLS IN THE MILITARY POLICE OF AMAZONAS: AN ANALYSIS OF THE REDUCTION OF DISCRETION AND THE STRENGTHENING OF EVIDENCE IN CRIMINAL PROCEEDINGS
DOI:
https://doi.org/10.51891/rease.v12i3.24364Keywords:
Police Approach. Military Police of Amazonas. Reasonable Suspicion. Legal Certainty. Cognitive Biases.Abstract
This article analyzes the paradigmatic transition from a police approach based on subjective "intuition" to a model of technical objectification in the Military Police of Amazonas (PMAM). The research problem investigates how the absence of factual criteria in the justification of reasonable suspicion impacts the validity of evidence in criminal proceedings, generating judicial nullities. The central objective is to propose methodological and technological guidelines for the training of officers (CFO/PMAM), aiming to reduce discretion and align actions with Human Rights. The methodology adopts a qualitative and exploratory approach, with documentary and bibliographic research based on the doctrine of Denison Melo de Aguiar and the jurisprudence of RHC 158.580/BA of the STJ. The results demonstrate that the phenomenological description of the facts and the mitigation of cognitive biases are indispensable for the legal security of occurrences. It is concluded that the implementation of objective protocols and the use of audiovisual technologies strengthen criminal evidence, combat impunity, and legitimize police action in a democratic state governed by the rule of law.
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Atribuição CC BY