A formação da fundada suspeita na atividade policial : aspectos legais do procedimento de abordagem e busca pessoal conduzidas pelo policial rodoviário federal

Abstract

This paper deals with the legal aspects of the personal search procedure, conducted by the Federal Highway Police, based on reasonable suspicion. In compliance with the principle of legality and other constitutional precepts, it is fundamental to know about the motivating elements of a State action, in particular, the limits of those actions established by law. For that purpose, the content was developed in the light of the understanding found in relevant literary works and scientific articles, as well as according to statistical data determined in field research conducted with the respective police officers. In this sense, knowledge about the personal search, the reasonable suspicion and its formative aspects, have been developed. In addition, a study was conducted about the professional formation of the PRF and the elements of greater influence for this professional during a procedure of police approach. With this, it was possible to verify that the so-called reasonable suspicion is formed by matters of objective order, distributed in: suspect behavior, technical knowledge of the federal highway police and the approach environment. From the combination of these, the legitimate exercise of the Police Power, materialized in the personal search diligence, is justified, under the light of respect for Human Rights and constitutional principles.