| dc.description.abstract | The public security organs, in carrying out their activities limit some individual rights of the citizen to the benefit of the public interest by using discretionary power and police duty-power. As an example of these limitations we can mention the police search, a common practice in the daily routine of police activity and that, although it interferes with the basic rights of the citizen, it has a fundamental importance in the identification of persons, objects, prevention of possible crimes, seizure of arms, drugs and proceeds of crime, among others. The purpose of this article is to analyze the discretionary power of the State and the legality of the police search, having as main parameter the Constitution of the Federative Republic of Brazil, as well as the modus operandi and its legal basis, in order to provide the police forces and society in general the limits in which each interested party are submit itself. For this purpose, the following methodological resources were used: theoretical and documentary research, using the technique of bibliographical references. It concludes by the legality of the act of police search, being a discretionary action of the public official, but in practice there is a fine line with arbitrariness, because both are filled with a certain charge of freedom of choice. Sometimes, the police search is damaged by numerous factors such as poor police training, inadequate curriculum frameworks or with little emphasis on human rights. In addition, external interference with interests outside the police activity, excessive hours and lack of psychological support for the public agents that compose public security institutions can also be cited. | |
