A abordagem policial em revista: um estudo do RHC 158.580/BA e o diálogo das cortes IDH e STJ

Abstract

This study, situated in the field of empirical research in law, pretends to analyze how the Superior Court of Justice (STJ) parameterized, through the ruling handed down in Habeas Corpus Appeal 158,580/BA, the requirements necessary for the configuration of police stop-and-fritz in public spaces, having as empirical corpus the criminal habeas corpus proceedings originating from the Court of Justice of the State of Bahia, consisting of 983 pages, which was examined in the aforementioned ruling. To achieve the main objective described above, we sought to identify and describe the concepts and legal categories used by the actors in the disputes for legal truth within the proceedings, emphasizing the meanings attributed to suspicion based on the context of arrest in crime progress; we sought to identify from which perspective the legal nature of the police stop-and-fritz under founded suspicion was problematized in the proceedings, in addition to extracting the main aspects of the vote that dialogue with the Inter-American Court of Human Rights in the case Fernández Prieto and Tumbeiro v. Argentina; constituted the empirical corpus. This work was constructed based on four methodological strategies: the case study, in view of the social representation of the theme and the proposed object; the study of procedural flow enabling the analysis of the process from the registration of the police report at the police station until the conclusion of the process at the STJ; a documentary analysis, and a bibliographic review in which we circumscribe the current state of the art of the object under study. As a guide for the consequence of this work, we elected four hypotheses: a) the ruling handed down by the STJ carried out conventionality control over the decision of the Court a quo; b) it pacified the understanding about the legal nature of police searches; c) distribution requirements guiding the analysis of the conformation of suspicion based on arrests in crime progress resulting from police stop-and-fritz in public spaces; d) it became a paradigm for judicial assessment of arrests made by the police in public spaces throughout the national territory. In the end, we demonstrate that we achieved all the objectives and tested all the hypotheses raised.