Busca pessoal e fundada suspeita à luz dos direitos humanos

Abstract

As a public safety promotion and implementation of police power tool, the personal search is performed routinely by the police and the auxiliary bodies of the penal system. The "founded suspicion" is the legal requirement for the achievement of personal search, but because it is an open clause, subjective, draws attention of homeland doctrine, because, not rarely, such a margin of interpretation is the cause of the abuses and non observance of fundamental rights and guarantees and encouraging the labelling of people in a group as criminals, creating stereotypes and patterns of social exclusion. The objective of the present study is therefore to examine under the light of human rights the institute of personal search, the legal requirement of founded suspicion, as well as their relation with the theory of social labeling or labeling approach.