Limites do poder de polícia frente ao direito à liberdade inscrito na Constituição Brasileira de 1988

Abstract

After an event held in the year of 2006, at Bar Tuim, a business premise, located at downtown of Porto Alegre, Estado do Rio Grande do Sul, Brazil, in which customers disagreed with Porto Alegre Council employees about the interpretation of an administrative police law scope, this paper presents some criterion for the definition of the police power boundaries in what refers to the right of personal freedom in Brazil Federal constitution. The present case leds us to the hypothesis that there is a new existential paradigm in the contemporary society which refers to healthy habits and is characterized as an overvaluation of heath care as a way of life. This work assumption is exactly that this new existential paradigm is raising sucessive and growing prohibitions in the field of individual habits, which might limitate our individual freedom. We analyzed this new existential paradigm using many theories which intend to explain the contemporary reality. In order to define some criteria useful for drawing the boundaries of the police power institute, we have appealed to the discipline of political philophy so that we can through its concepts access some elements important to develop criteria for defining these boundaries. These content elements can be seen in the political liberalism from the European school of the nineteenth century, in the contemporary political liberalism, and in the North American political philosophy. Through this hypothesis we intend to establish some criteria in the definition of boundaries to the States actions in what refers to prohibitions related to individual habits. This paper also intends to be a contribution to the critic raised to several aspects in our contemporary way of live, as the overvaluation of healthy habits.