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The STJ decision reinforces that the poor condition of the vehicle, in itself, does not constitute well-founded suspicion and defines the legal limits of police action in personal approaches.
O STJ decided that Driving a dented or poorly maintained car is not sufficient reason to justify a police stop.. The 5th Panel of the court granted Habeas Corpus to close a criminal action for illegal possession of a firearm, understanding that police action must be based on well-founded objective reasons, not on subjective impressions.
According to the portal Conjur, the case analyzed, the driver was stopped only because the car had a dented door. Even after the discovery of a weapon and false documents, the ministers considered that the circumstances of the approach were illegalAs a suspicious must precede the flagrant not be created by him.
What the STJ decided and why it matters
According to the rapporteur, minister Ribeiro Dantas, there was no suspicious behavior or concrete evidence of a crime that would justify the personal search.
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The judge classified the situation as a “exploratory approach”, that is, an action without prior basis in objective facts.
The decision reaffirms the case law that the mere appearance of the vehicle or the driver does not constitute well-founded suspicion.
For the STJ, the duty to provide reasons is essential in any invasive action by the State against the citizen.
“Police intuition is not enough; a verifiable reason prior to the act is required,” the minister emphasized.
Limits of police action and the importance of well-founded reasons
The Constitution and the Code of Criminal Procedure provide that personal and vehicle searches can only be carried out in the face of concrete evidence of a crime.
This rule has been reiterated in several judgments of the STJ, What are you looking for balance individual freedom with public safety.
In practice, this means that targeting based solely on appearance, location or generic behavior is illegal.
The court recognizes, however, that there are situations in which the context allows the actionas the escape, evident nervousness or flagrant preparation of a crime.
Even so, each case must be analyzed with evidentiary rigor to prevent abuse and discrimination.
The construction of jurisprudence on personal approaches
In recent years, the STJ has been consolidating a technical understanding of what constitutes well-founded suspicion.
Anonymous reports, police intuitions or simple coincidences such as two people on a motorcycle or wearing a helmet in an unusual place are not enough to justify the review.
Moreover, visible bodily reactions, attempts to escape or disproportionate nervousness in the face of police presence may, in certain cases, support the legality of the search.
This differentiation seeks avoid selectivity and racial bias in approaches, in addition to reinforce the duty to motivate security forces.
The specific case: a flagrant offense without legitimate cause
The process originated in Pernambuco, where a driver was approached just because was driving a car with a dented door.
During the inspection, the agents found a firearm e fake documents.
The defense claimed that the approach was arbitraryAs there was no evidence of crime before the police action.
O Local Court of Justice had considered that the discovery of the flagrant would justify the approach, but the STJ reversed the understanding.
For the ministers, “well-founded reasons” must exist before action. If suspicion arises after the search, the act is illegal and its evidence is null and void.
Effects of the decision and its impact on police practice
With the precedent, the STJ reinforces the message that the legality of approaches must be measured by the initial motivation, not by the result found.
Abuse prevention depends on the officer's ability to justify each action based on observable facts..
This line of interpretation may impact police procedures across the country, requiring continuous formation, standardization of protocols e detailed record of the reasons for the approach.
The decision also strengthens the control judicial on practices that may violate the dignity and privacy of citizens.
Do you agree with the position of the STJ that the appearance of the vehicle should not justify approaches? Does this decision strengthen individual rights or limit police work? Leave your opinion in the comments Your point of view helps to understand the balance between security and freedom in Brazil.
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