THE LEGAL LIMITS OF THE ACTIONS OF POLICE OFFICERS IN BRAZIL

Abstract

This study analyzes the legal limits of police action in Brazil, focusing on the use of force and misconduct. The research problem investigates the compliance of these practices with legal parameters, especially regarding abusive approaches and the disproportionate use of force. The objective is to examine, from the perspective of Criminal Law and Human Rights, the criteria that legitimize police action and support accountability for abuse of authority, based on the Public Prosecutor's Office Action Manual. Specifically, it evaluates the legislation on the exclusion of unlawfulness, legal sociology, and the jurisprudence of the Supreme Federal Court (STF), Superior Court of Justice (STJ), and the Court of Justice of Rio Grande do Norte (TJRN). The research adopts the deductive method, supported by a bibliographic and documentary review of constitutional, legislative, and doctrinal sources. The results show that the use of force is strictly subordinate to the principles of legality, necessity, and proportionality, the non-observance of which affects institutional credibility and generates criminal, civil, and administrative liability. It concludes that improving external control mechanisms is imperative to align police activity with the precepts of the Democratic Rule of Law and the safeguarding of fundamental rights.