Segurança pública nas rédeas da Constituição: um direito fundamental em (re)construção

Abstract

This thesis aims to analyze the historical construction and constitutional memories of the right to public security in Brazil and propose an interpretation that aligns it with the democratic rule of law. To this end, the work seeks to analyze the general notion of security in the modern state and the autonomous development of public security after the formation of the police apparatus, as well as its repercussions in Brazil, where slavery and authoritarianism imposed conditions and limiting factors to its trajectory, materialized by notions such as public order, internal security, and national security. The 1988 Constitution, while promising transformations, also suffered the impacts of this limiting vision, especially due to public security in the constitutional crisis system. However, this does not prevent the real and concrete possibility of reconstructing the fundamental right to public security, considering the need for a systematic reading of the constitutional text and its connection to human dignity. The multidimensional nature of the right presupposes understanding public security in another way, associated with the general notion of security, whose impact on the typical activities of the state implies recognizing a constitutional, democratic, and anti-racist view of public order and the implementation of public policies, as well as the integrated action of the federative entities and the establishment of transparency, participation, control, and oversight mechanisms.