Concorrência e sobreposição na atividade policial brasileira sob a ótica constitucional

Abstract

This research deals with the right to public security inscribed in the Constitution of the Federative Republic of Brazil of 1988 - CRFB / 1988), whose interpretation must be understood in a systemic way, that is, the duty of state, right and responsibility of all. Faced with this scenario, it has become imperative to analyze the way each police organization carries out its activities within the limits of its competencies, aiming at ensuring public order and the safety of people and property. The research has a qualitative approach with support in bibliographical sources, allied to the use of the hermeneutic method with the analysis of the constitutional competences and the accomplished practice. In view of the uniqueness of the objective of promoting public security, in view of the diversity of bodies that make up public security and considering the possibility of providing such activity to the same society, inculcated for reflection on the competence and efficiency of the organs that make up the system Public security in Brazil. An analysis has been made of the question of the possibility of competition and overlapping of the constitutional attributions of the police bodies that make up Article 144 of the CRFB / 1988, with the aim of encouraging a better rendering of service by police agencies. It was possible to verify the hypothesis proposed inclined to the lack of competition among the police bodies of public security constant in the roll of Art. 144 of the CRFB / 1988, given, the distinction in the attributions of the competencies of each police body, thus not making it possible to establish Parameters for establishing competition. On the other hand, it has been verified that there is an overlap of jurisdiction, when the activities are carried out by the federal police, in the terms of the final part of item I of paragraph 1 of Article 144 of the CRFB / 1988, in infractions whose practice has repercussions Interstate or international law and requires uniform repression, as provided by law. The conclusion made it possible to reach the result that both the lack of competition and the existence of overlap in the Brazilian police activity does not show a better service delivery by the police agencies that make up the role of Art. 144 of the CRFB / 1988.