Use of handcuffs and abuse of authority – Comments on bill 7659/2017 Patrícia de Souza Albrecht Coutinho, Fabíola Andrea Chofard Adami

Abstract

The use of handcuffs, currently regulated by STF Binding Precedent No. 11/2008 and Decree 8858/16, was the subject of article 17 of Bill PL 7.569 / 2017, approved on August 14, 2019 by the House of Representatives. The Bill still depends on presidential Samson, but it deals with a controversial issue: abuse of authority. The proposal provides, in article 17, for a period of six months to two years imprisonment for cases in which the authority subjects the prisoner to the use of handcuffs when it is clear that there is no resistance to arrest, threat of escape or risk to the physical integrity of the prisoner. . Given this scenario, this article aims to discuss this article from a historical social construction of the use of handcuffs, observing the laws that already deal with the subject, the Code of Criminal Procedure, the fundamental principles and Public Security, as a collective interest prevailing over individual interests.