CRITICAL ANALYSIS OF THE EFFECTIVENESS OF THE FUNDAMENTAL RIGHT TO PUBLIC SECURITY IN BRAZIL

Abstract

This article aims to critically analyse the effectiveness of the fundamental right to public security in Brazil, according to the 1988 Federal Constitution. To this end, a bibliographical methodology was applied, covering books, academic articles and legislation pertinent to public security. It was also chosen a descriptive-analytical study of the data obtained, which allowed the identification of the real situation in which the right to security is found in the national territory. In first place, it was carried through a mapping of the legislations on public security. Then, it was made a critical analysis of these edicts especially in relation to the principles embedded in the Federal Constitution, here understood as supremacy of law. In parallel, the analysis also contemplated the effective implementation of these measures. Finally, possible solutions to improve the current situation were raised, based on the constitutional principles of security. With the analysis made, it is concluded that the right to public security in Brazil still has serious deficiencies regarding its effectiveness, since, although the 1988 Federal Constitution has established several principles on the subject, not all of them are fulfilled. Thus, it is necessary to adopt protective measures in order to effectively guarantee the safety of Brazilian citizens.