Súmula vinculante nº 11 do STF e o uso de algemas pela polícia

Abstract

This study aimed to present arguments, based on legal doctrine, concerning the applicability or not of Binding Precedent nº 11, in the context of the Police as having methodological approach to bibliographic research, doctrine and jurisprudence, concluded that the Precedent Binding No. 11 limited the use of handcuffs to the specific cases of resisting arrest, threat of injury to public servants or self-injury and that the improper use of handcuffs may refer the person to shame or embarrassment is not authorized by law, must officers act in a careful, avoiding criminal accountability and discipline, as the law exists to be obeyed and observed, and when this is violated, the State appears to the right to punish the offender, in this case the police which may also have its "jus libertatis" curtailed, or even losing the assets earned during his career, it should not exceed its police power, whether acting in an arbitrary or taking advantage of the use of force without justification.