Aspectos jurídicos do uso de algemas em face do ordenamento jurídico brasileiro.

Abstract

The use of handcuffs in our country is in order of the day, especially for the lack of legislation in national ambit that dispenses appropriate juridical discipline for the subject regarding these instruments of physical contention, that are day and night handled by the police institutions, and in face of the marked normatization deficiency, can culminate in the violation of fundamental rights insured for the Federal Constitution. It is in the context of that problem around the use of handcuffs, of the debates and critics appeared in several segments of the society by virtue of the recent police operations involving the famous people's enchaining with wide exhibition of the media, that grows the present work. The present study was accomplished through the methods historical-evolutionary, bibliographical and exegetic-juridical in face of your relevance to the contextualization of the moderns events, as form of reaching conclusions that are for a better understanding concerning the proposed theme. It is aimed to analyze the whole problem that is imposed, the abuses that in fact can be made in the handcuffs use if not observed criteria like the moderation, prudence and proportionality. Is it verified that the question about the theme is if the use of handcuffs configures insult to the human fundamental beginnings, being inadmissible in our juridical organization, or is it necessary before safety's imperatives? At the end, this study, intends, at least, to enrich the academic and juridical debate with the central hypothesis based on the thesis that the handcuffs use is, in fact, a necessary instrument to the maintenance the policeman, the led and the own society's physical integrity, and that if used appropriately it doesn't constitute any abuse.