A súmula vinculante do uso das algemas e a tutela dos direitos humanos.

Abstract

This monographic work is centered on the verification of whether the Bingind Precedent number 11, from the Supreme Court, which deals with the use of handcuffs, is actually being applied by police authorities and organs of the judiciary. The Binding Precedent number 11 was edited in 2008 with the purpose of curbing handcuff-related abuse, and it is important to consider its coexistence with the principles of the human dignity and the presumption of innocence, both fundaments of the Federative Republic of Brazil and objects of this research. Therefore, it is aimed to analyze, discuss and present the paradigmatic cases that led to the edition of the Binding Precedent about handcuffing, and whether it is effective on the protection of Human Rights. In order to reach these objectives, it is used the methodology of doctrinaire research, which consists basically on reading, book reporting and comparisons of the positions of the main authors that deal with the subject, as well as analyzing the constitutional reclamations about that Binding Precedent, the jurisprudence of the Court of Justice of the State of Rio Grande do Sul and the Superior Courts.