A segurança pública constitucional

uma (re)leitura obrigatória

Abstract

This article aims to analyze whether it is possible to establish a social right to public security in Brazil through the principle of practical concordance. The justification for this analysis is the perception that, despite being enshrined in the constitution, public security is still seen as a service limited to criminality and focused on social control, especially of minorities, instead of being a fundamental right for all of society. The methodology employed is the hypothetico-deductive method, which proposes a reinterpretation of the constitutional provision on public security, starting with a historical, sociological, and legal analysis of how the current concept was constructed. The main conclusion is that, without the need for new legislation, a harmonious interpretation of the Constitution that considers security as a human and social right can democratize public security, transforming it into a macro-system of protection. In this sense, public security transcends the merely police and criminal vision, becoming an enforceable right from the state to ensure the well-being, predictability, and dignity of all people.