O USO DE ALGEMAS NO ORDENAMENTO JURÍDICO BRASILEIRO: Uma revisão legislativa e jurisprudencial sobre o tema

Abstract

This article examines national legislation and jurisprudence related to the use of handcuffs by public security agents, in light of doctrine and jurisprudence.. The study assesses whether the existing legal framework in our country on the topic is sufficient to meet the demands that may arise in this context. To this end, the authors made use of transdisciplinarity, going beyond the sphere of Criminal Law and Criminal Procedure, to rescue the value of freedom as a fundamental right and a basic principle of the Democratic Rule of Law, as well as to understand the routine of public security agents in handling of handcuffs for the restraint of an individual and restriction of freedom, establishing the limits for the configuration of a possible crime in the mishandling of this restraint technique. A legislative, jurisprudential and bibliographical review was used, subjecting the findings to content analysis. The results point to the demystification of the idea of ​​legal fragility regarding the use of handcuffs by public security agents.