POLICE APPROACH, PERSONAL, VEHICLE AND HOME SEARCHES: AN APPROACH UNDER THE JURISPRUDENCE OF THE FEDERAL SUPREME COURT

Abstract

This scientific article seeks to analyze, in light of the most recent case law of the Federal Supreme Court (STF), the legal aspects and their respective rationales regarding the legality and limits of police stops, personal, vehicle, and home searches in typical incidents handled by the Paraná Military Police, especially in contexts involving drug trafficking and flagrant crime, in addition to the inviolability of the home and its exceptions. It seeks to outline the concrete elements that justify such measures, particularly in the aspect related to well-founded reasons or well-founded suspicion for the efficient performance of police activities. The research analyzes the doctrinal consolidation and the jurisprudential concretization of criminal actions that have become final and binding in the highest court of the Brazilian Judiciary, sometimes by panels, sometimes by plenary, and also a thesis of general repercussion, highlighting STF decisions that reformed the understanding of the Superior Court of Justice (STJ) in criminal matters, consolidating solid paradigms for the actions of state military personnel. The analysis shows that the Supreme Federal Court (STF) has reinforced the need for objective elements to legitimize state intervention, while reinforcing the importance of science applied to police activity and, in exceptional cases, has validated police action based on concrete situations.