Policiamento e supressão ao direito fundamental inviolabilidade domiciliar: análise da atuação da Polícia Militar de Alagoas nas buscas domiciliares em Maceió/AL

Abstract

The legal and social phenomenon of suppression of the fundamental right to home inviolability has materialized through home entries without a search and seizure warrant, carried out by the police during patrols. Over time, this practice has generated arbitrary conduct, marked by selectivity and social inequality, in addition to the violation of procedural guarantees, permeating the state’s punitive power. Thus, the objective of the study was to analyze the scope of the concept of just cause to allow the violation of the fundamental right to home inviolability by the police, so that it can be justified in the name of legal duty, based on Egon Bittner’s theory of the police mandate, which is based on the use of proportional force and legitimized by society. The research hypothesis suggests the need to update the operational procedures adopted by the Military Police of Alagoas, as well as the intensification of training aimed at responding to home search incidents in flagrant situations that require immediate action. This is, therefore, a legal-exploratory research, of an applied nature and a qualitative-quantitative approach, which is based on a bibliographic review supported by academic productions at national and international level, by authors who carried out critical studies on the subject addressed, and documentary research, through the analysis of legislation and judgments of the higher courts related to the subject. As a procedure, it was based on empirical research, through the analysis of data and results of the application of a structured questionnaire (survey) to military police officers assigned to the operational units that work in the Metropolitan Region Police Command (CPRM), with the purpose of assessing their opinions on policing performance. In addition, an analysis was carried out of data obtained from the PMAL General Inspectorate on the number of administrative acts instituted and punishments applied and that were related to violations of domicile, in the period from 2020 to 2023, in order to assess the effectiveness of the internal control of this police activity. The results revealed that house searches in flagrant situations, although recurrent during overt policing, have been avoided due to recent rulings; that military police officers in Alagoas have satisfactory legal knowledge and attest to the importance of this knowledge for their activity, thus supporting a greater incidence of training and updating in practical procedures in the discretionary analysis of house searches in flagrant situations; that the implementation of body cameras is not accepted by the majority of the troop, despite the apparatus engendered as a public policy of the federal government to reduce violence and abuse; and that the accountability promoted by the General Inspectorate, although still timid, has been efficient in investigating and holding accountable for the military crime of home invasion, which does not translate into control of disciplinary transgressions, due to the fact that there are many cases without resolution. Therefore, the research found that the standardization of operational procedures through the updating of police practice and continuous training meet the fundamental right to public safety and the guarantee of the fundamental human rights of the citizen.