Resumo:
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.
