THE POLICE STATE, THE PRINCIPLE OF TRUTH AND PREDICTIVE SAFETY IN VIEW OF THE DEMOCRATIC STATE OF LAW

Abstract

This article examines the triad formed by Police State, Principle of Veracity of Acts and testimonies of police agents and Predictive Security on the perspective of the information society in criminal procedural that leads to the crisis of the State of Law, based on constitutional guarantee principles. The research points to the problematic fear in a democratic procedural regime in which the punitive state power ends up losing its role of guaranteeing and protecting the rights of the accused and transforms in a mere instrument of a Police State based on the Principle of Veracity of Public Administration. It also suggests that the phenomenon of Predictive Safety (in a Police State) is a means to ensure preventive demands for protection of the community that could lead to the violation of human rights and resurgence of discriminatory practices. It adopts legal methodological approach within the doctrine, court precedents and of an analytical and qualitative perspective. This is a study on the thematic importance that identifies, critically and reflectively, the criminal procedure as responsible to guarantee the limitation of state power, under penalty of retrogression to a totalitarian, inquisitorial and disqualified penal system of legitimacy constitutional. Therefore, the conclusion is that criminal proceedings in a State of Law must take on the aim to comply with the principles imposed in the 1988 Magna Carta, thus expressing the overcoming of models of totalitarian incursions and the balance between the legal asset, public safety and rights of the accused.