Legitimidade no controle judicial brasileiro de políticas de segurança pública

Abstract

The present research was developed based in the analysis of the case of public security ocurred in the city of Ponta Porã/MS. From the reconstruction of this case, which was named Ponta Porã case, it is intended to analyze the conditions of accomplishment of the judicial control of public politics in the Brazilian constitutional system. To accomplish such goal, the author makes a deep analysis of the democracy in the constitutional paradigm of the democratic rule of law, to delimit the notion of public politics. In addition, the study relates the paradigm with the existing normative standards and also analyze the exercise of the constitutional jurisdiction in the current constitutional paradigm. This study also intends to make a deep analysis of the theory of the separation of powers and the democratic legitimacy of the constitutional jurisdiction. The present study intends to analyze the judicial control of public politics in the evolution of the paradigms constitutional, establishing a relation with the perspectives of judicial performance formalista, subtancialista and procedimentalista, identifying them, respectively, with the constitutional paradigm of the liberal State, the social State and the democratic State of right. It delimits the object of the research in the study of the judicial control of public politics in the democratic State of right, looking for to contribute for the concretion of the basic right the public security. In this direction, it searchs, initially, to fix a democratic definition of the basic right to the public security in the Brazilian constitutional system. Part, later, for the examination of the judicial control of politics of public security in the case of state omission, as form of if accomplishing the basic right to the public security, investigating the limit of freedom of the public administrator for the materialization of this right. It carries through an analysis of the judicial control of public politics from the control in abstract and concrete, of the control of individual, collective and diffuse rights and of the control in the formularization and the execution of public politics, not leaving to analyze the possibility of application of the assuring measures for the concretion of sentences that involve the control of public politics. Finally, it constructs to a critical analysis of the case Ponta Porã and its judgeships, analyzing the importance of the performance of the State Public Prosecutor service in the control of public politics to be developed in full paradigm of the democratic State of right.