FUNDADA SUSPEITA NA ABORDAGEM POLICIAL: ENTRE A LEGALIDADE OBJETIVA E O TIROCÍNIO SUBJETIVO

Police approach is an essential instrument for the Military Police in preventing and suppressing crime, as per Article 144 of the Federal Constitution. However, the legality of this practice is often questioned regarding the "founded suspicion" requirement set out in Article 244 of the Code of Criminal Procedure. This study analyzes the legal limits of police approach and the influence of subjective and neuropsychological factors on the officer's decision-making process. The methodology consisted of qualitative research based on a doctrinal review and analysis of recent jurisprudence from the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). The results indicate that strictly objective criteria requirements create legal uncertainty and operational difficulties, while purely subjective criteria allow for arbitrary actions. It concludes that state action legitimacy requires harmonizing the principle of legality with "police expertise" (tirocínio), grounded in cognitive skills and professional experience, both indispensable for the efficiency and credibility of public security.