A interpretação das normas de direito público no controle da atividade policial

Abstract

Within a Law-Abiding Democratic State public administration is subject to both internal and external controls that may apply to certain acts or, more broadly speaking, impact on the whole activity of a given authority or on public policies as well. The activities of law-enforcement public security authorities holding police power – given their typical monopoly of the lawful use of force and interference on fundamental rights –, are subject to permanent controls, including a specific external one constitutionally assigned to the Public Prosecutor’s Office. This study examines the various controls affecting those activities and to what extent are the rules of interpretation of public law provided under the Law of Introduction to the Rules of Brazilian Law, inserted by law 13.655/2018, applicable. To this end, applied research methodology has been used with a qualitative approach, exploratory aim, and bibliographical and court precedents review. Its outcome is expected to contribute toward a better understanding of the control of police activity in its several modalities, as to its legal grounds, objectives, restraints, and capabilities and, above all, toward increasing legal certainty.