A polícia real e a polícia ideal: acerca das contradições entre a realidade da polícia na era do populismo punitivo e os anseios constitucionais garantistas

Abstract

The work, using the literature, the historical technical and inductive and dialectical methods, makes a qualitative approach with exploratory objective to give an overview of the police throughout history up to the definition of true public service of this institution in the contemporary state constitutional law of the new constitutionalism. It is assumed that there is a conflict between the neoconstitutional desires and the coeval police actually, inserted into the context of a society of control and of risk, of the proliferation of the culture of fear and the emergence of a new State model, the Punitive State. Hypothetically, this antinomy, however, can be minimized by overcoming an archaic concept of public policy, inherited from our cultural roots, which has led to a jarring practice with the political options of Brazilian society, recalcitrant before the coeval constitutional law, both as for knowledge and appropriateness of police practice at the constitutional criminal legal doctrine, called the garantism theory, natural consequent the Democratic State which marks the object for which must tend to realization of the rule of law, minimizing the negative consequences of the punitive power and consequently of the state-owned apparatus repressive, limiting this to serving for the realization of Human rights.