(I)legalidade da abordagem pessoal baseada na expressão “atitude suspeita” à luz do Estado democrático de direito

Abstract

The scope of this work is to analyze the legality of personal searches carried out based on the expression “suspicious attitude”, in light of the Democratic Rule of Law, using the hypothetical-inductive research method. A distinction is made between "founded suspicion" and "suspicious attitude" as criteria for police approaches. "Founded suspicion" is a legally regulated approach based on objective criteria. On the other hand, the "suspicious attitude" is subjective and depends on elements within the police authority, presenting challenges and risks, such as prejudice and discrimination. The present work supports the illegality of the police approach based on "suspicious attitude", as it is a discriminatory practice, arising from structural racism. It argues that this approach violates the principle of presumption of innocence and broad and contradictory defense. It concludes that the use of the expression “suspicious attitude” amounts to a violation of the principles of the Democratic Rule of Law and is a mechanism of oppression of marginalized parts of society