O uso de algemas: aplicabilidade dos meios moderados para contenção da força física.

Abstract

The absence of federal legislation that comes to deal with necessary way and uniform concerning the use of handcuffs in Brazil, a country of continental dimensions and whose Constitution contemplates, in the referring chapter to the public security, a gamma of institutions that makes use of such instruments, constitutes inadmissible gap rank that the handling of the handcuffs is carried through diuturnamente and most of the time undressed of orientation it finishes for wounding rights and guarantees assured to the prisoners. As already mentioned, it urges that it is regulated in Brazil, in unisonous way, the use of handcuffs. He is in the context of this problematic one around the use of handcuffs, over all of critical and the debates that appear in the diverse layers of the population, either of the area of public security or not, how much to the necessity and the way of use at the moment of the arrest, as well as how much to the paper them Courts in the correct interpretation them limits of the use of handcuffs and how much the proportionality of its handling, that if he develops the gift work. One searchs to explicitar that in our Country, hodiernamente, before the arrests of people who occupy the most diverse and excellent positions in executive them, Legislative and Judiciary, facts that they had excited fervorosas quarrels instigated for the media, concerning the possibility to characterize illegal constaint the use of handcuffs in the apprehension and conduction of the same ones, a concern arose, as much of the legislators, as of the courts in finding a consensus for the question. Destarte, is intended, as objective generality of this work, to display, is happened again, the absence of legislation regulating the substance and the consequent necessity of such regulation, as well as the used alternative ways while this step is not taken. Outrossim, has as objective specific the inquiry of the conceptual aspects and evolution of the job of handcuffs and the form as the subject was and is treated in our legal system and the foreign legislation; to emphasize main the law esparsas federal or state that express makes mention to the substance; to demonstrate that, while the law does not come, it fits the authorities that make use of the handcuffs in accordance with to apply commonsense and the razoabilidade the case concrete as form to preserve the security of the proper authority, the prisoner and, over all, of the society. For in such a way, the exegetico-legal method, assisted for the method will be used description-evolutivo, in order to proceed the bibliographical research. The conclusion pointed for the research walks in the direction to demonstrate that, while it will not have legal disposal concerning its use, the handcuffs before being seen as object of torture, causer of constaints, must be faced by the optics of its end right to a preferential share that is the promotion of the security in the necessary cases.