O emprego de algemas e a restrição imposta pela súmula vinculante N° 11 do supremo tribunal federal.

Abstract

It is undeniable that the job of handcuffs, while object of contention of the physical force, constitutes an indispensable instrument to the performance of responsible institutions for the public safety in Brazil, However, she is not able to olvidar that such an instrument should be handled in a cautious way and with common sense, in way to not to hurt rights and warranties assured the detainees. E exactly with respect to the disciplinamento of the use of handcuffs that blunts the problem of the present work, position that the Brazilian juridical ordenamento lacks legal disposition that it regulates the job of those instrument in an effective way, unissona and coherent.. It is in the context of that problem around the use of handcuffs, above all of the critics and debates that appear in the several layers of the population, be of public safety's area or no, as for the need and the use way in the moment of the prison, as well as as for the paper of the Tribunals in the correct interpretation of the limits of the use of handcuffs and as for the proportionality of his/her handling, culminating with the innovation brought by the Law n 11.689/08 and, above all with Sumula Vinculante no. 11, that he/she grows the present work. Explicitar is looked for that in Brazil, hodiernamente, before the people's prisons that occupy the most several and relevant positions in the powers Executive, Legislative and Judiciary, facts that raised fervorous discussions urged by the media, concerning the possibility to characterize illegal embarrassment the use of handcuffs in the apprehension and transport of the same ones, it leveled a concern, so much of the legislators, as of the tribunals in finding a consensus for the subject. Like this, it is intended, as general objective of this work, to expose, repeat, the legislation absence regulating the matter and the consequent need of such regulation, as well as the inefficiency of the Law n 11.689/08 in curing the subject and, above all, the unconstitutionality and inefficacy of Sumula Vinculante n 11 in regulating the matter satisfactorily. Likewise, it is had as specific objectives the investigation of the conceptual aspects and evolution of the job of handcuffs and in the way as the theme was and it is treated in the ordenamento juridical patrio and in the foreign legislation; to emphasize the main law scattered federates or state that expressly make mention to the matter; to demonstrate that, in spite of Sumula Vinculante n 11 it was created with the aim of settling the subject, it is not shown effective before a series of flaws above all the absence of objective criteria and the unconstitutionality that it stains her/it so much referred sumula. Para, the exegetico-juridical method will be used, aided by the historical-evolutionary method, in order to the research to proceed bibliografica.A pointed conclusion for the research he/she walks in the sense of demonstrating that, in spite of the intention of STF in to do sometimes of legislator and to treat of the matter by Sumula, a lot he/she still has the if it questions, from the constitutionality of the mentioned sumula, until his/her effectiveness, position that the problem persists in practice.