CUNHA, J. F.; CUNHA, Janaina Freitas da.
Abstract:
The democratic rule of law, in spite of guaranteeing the fundamental rights of man,
on occasions, has the power to mitigate them for the good collective, public order,
acting through the competent bodies in strict legal limits. In that light, this study was
developed from consultations doctrinal and legal articles, using methods historical
and bibliographical-rolling, the main source for its implementation to read books and
periodicals relevant to the subject and has the scope to discuss the legality of
exercise of police abuse of authority and the police approach. It will soon study on
the state focusing on the delegation of powers to public officials limited their powers
to the exercise of their activities. From that knowledge, focuses on the power of
police which is designed to ensure the welfare, rights and restricting freedoms in
favor of public interest, as well as abuse of authority charged with abuse or misuse of
power by police officers in that exercise of their duties to prevent and combat crime,
are vulnerable to commit rape, because the ostensible enforcement of activities and
preventive approach by looking into it evidence or suspicion of criminal acts.
