The deputy pointed out that ‘the current legal scenario generates divergent interpretations and, often, judicial decisions that disregard the operational reality of security forces”
The Public Security Commission shall analyze, after the parliamentary recess, a new legislation that alters the Code of Criminal Procedure to establish criteria for conducting personal, home and vehicle searches. Federal Deputy Captain Alden, author of the project, highlighted the importance of the measure for public safety and the performance of security forces in the country.
According to the text, “the search will be home, personal and vehicle” and the “founded suspicion” for the realization of these searches will be considered when there are “concrete elements and objectives that indicate the occurrence or imminence of criminal practice”. In conversation with the holder of this column, Deputy Alden pointed out that “the current legal scenario generates divergent interpretations and, often, judicial decisions that disregard the operational reality of security forces.”
The project defines situations in which the founded suspect can be recognized, such as the persecution of a suspect who takes refuge in a residence or the identification of clear evidence of crime in progress. “It is necessary for the legislation to be updated so that security agents can act without fear of being criminalized when they do their legal duty,” said Alden.
In addition, the proposal establishes that the presence of tattoos associated with criminal organizations may be a complementary element of the founded suspicion, but must be accompanied by other evidence. “We are seeking to harmonize the legislation with the jurisprudence of the Superior Courts, ensuring legal certainty for police operations and respecting the fundamental guarantees of citizens,” emphasized the deputy.
The text also provides that if a judicial authority determines the nullity of a prison in the act for lack of founded suspicion, there should be the prior hearing of the agent responsible for the approach, ensuring that the circumstances that motivated the police action are duly considered. “With this legislative update, we hope to avoid the criminalization of the security agent that acts within the legality and ensure greater efficiency in combating crime, especially organized crime,” concluded Captain Alden.
