A complexidade do conceito de fundada suspeita: uma análise crítica nas abordagens policiais

Abstract

This paper critically analyzes the concept of "fundada suspeita" (reasonable suspicion) in the Brazilian legal context, highlighting its implications, challenges, and the need for objective criteria. The methodology includes a review of doctrinal and jurisprudential literature, as well as a comparative analysis with the concept of "reasonable suspicion" in American law. The research reveals significant gaps in the definition of "fundada suspeita" in Brazilian normative texts, resulting in subjective and arbitrary interpretations. The comparison with American law provides valuable insights to improve the definition and application of the concept in Brazil. It concludes that legal opacity contributes to abuses of power and racial discrimination, compromising legal security and fundamental rights. A review of procedural norms is recommended to include more precise definitions and objective criteria, along with continuous training programs for public security agents to align police practices with constitutional principles of legality, equality, and proportionality