PERSONAL SEARCH IN PREVENTIVE AND REPRESSIVE POLICING. CONSTITUTIONAL FOUNDATION AND AUTHORIZIGN EVIDENCE STANDARDS

Abstract

The personal serch is used as a preventive and repressive policing measure. Decisions of the Superior Court of Justice limited its legitimacy to the envidentiary purpose and restricted the hypotheses characterizing the well-founded suspicion capable of motivating the Search. Through the use of deductive methodology, bibliographic and jurisprudential research, the reserach intends to investigate whether the personal search as a preventive police measure it is constitutional; if there is consistency in the judgments of the Superior Court of Justice and if it is possible to suggest objective elements that fulfill the evidentiary standard of well-founded suspicion required by the Code of Criminal Procedure. Objectives: 1. To analyze the constitutionality of the personal search as a preventive police measure. 2. Identify the main judgments of the Superior Courts on the personal search. 3. Suggest objective elements that fulfill the evidentiary standard of well-founded suspicion required by the Criminal Procedure Code. The conclusion is that the personal search is na importante tool for the realization of the fundamental right to public security and finds constitutional support to be used in the preventive and repressive scope. The situational factors of suspicious attitude, criminal rates and characteristics of the environment fulfill the evidentiary standard required by the Criminal Procedure Code.