2022-06-10 14:12:29
In the recent decision, the ministers of the STJ understood that the so-called personal search - a practice popularly known as "approach", "search", "general", among others - made by security agents is illegal, if it is carried out under the allegation of suspicion or even from anonymous complaints.
For the STJ, the suspicion - an item provided for in the Code of Criminal Procedure (CPP) to determine the possibility of a personal search without a warrant - is only fulfilled if the police officers prove, "described as precisely as possible, objectively assessed and duly justified by the evidence and circumstances of the case", that the individual is in possession of drugs, weapons or other objects that constitute a crime. In practical terms, besides making police searches unfeasible, the measure would open the way for citizens caught with proven illicit objects during police searches to question the way the search was carried out and try to cancel the charges against them.
In Consesp's opinion, however, there was no legal restriction on police searches by the STJ, and the court's decision does not have a general scope, i.e., it is only valid in the context of the specific case judged by the court.
"We respect the STJ's decision; the Council is not opposed to the Judiciary. But there was an analysis of a concrete case, a specific case of an approach that happened in Bahia. Therefore, the decision does not have the power to limit that police checks be made when there is a reasonable suspicion," says Júlio Danilo Souza Ferreira, president of Consesp and public safety secretary of the Federal District.
The specific case to which Ferreira refers is the one that was the object of the STJ's judgment in the aforementioned decision. It is about a man who was indicted by the Public Prosecutor's Office of Bahia for drug trafficking. The boy was approached by police officers while riding a motorcycle during the early hours of the morning with a backpack on his back and with an attitude considered suspicious by the security agents. After the search, the police found 72 portions of cocaine, 50 of marijuana, and a digital scale in his backpack.
375 viewsAntonio Pires, 11:12