A legitimidade do cão policial farejador enquanto instrumento informativo a sustentar fundada razão em abordagem e operação policiais

Abstract

The scope of this work is to analyze the legitimacy of the police sniffer dog as an informative instrument to support "founded suspicion" in police approaches and operations. It aims to demonstrates that the dog is a means of ensuring procedural speed and can assist in police activity. It is used the deductive search method, because it is based in specific premises about police activity being legitimate when the “founded suspicion” is verified, and, from this understanding will be created the conclusion of how the police sniffer dog have the characteristics to assure probable cause. It is made an analysis of the application of the founded suspicion by the superior courts, which shows to be very controversial. The present work supports the idea of the legitimacy of using the police sniffer dog to form a "founded reason", since their olfactory ability and lack of capability to judge with prejudice and discrimination are undeniable. It concludes that the indication of a properly trained and certified dog constitutes an instrument to support a "founded suspicion"