The effectiveness of public safety as a fundamental social right

a comparative analysis of the jurisprudence of the Constitutional Courts of Brazil and Colombia (1988–2023)

Abstract

This article presents partial research findings from the "Constitutional Courts and the Unconstitutional State of Affairs" study group at the University Center of Bauru, Brazil, through the end of 2023, regarding the effectiveness of the fundamental right to public safety. By aligning the contexts of Brazil and Colombia within the framework of qualitative legal-constitutional research –utilizing comparative methods alongside bibliographic, documentary, and jurisprudential analysis – this study asserts that public safety constitutes a fundamental right. This interpretation reflects the judicial standing of both the Brazilian Supreme Federal Court and the Constitutional Court of Colombia, which have characterized aspects of public safety as an "unconstitutional state of affairs." The article concludes that police militarization is not a viable option. Furthermore, for a constitutionalized police force operating under the Rule of Law, there can be no incompatibility between the exercise of authority, the effectiveness of public safety, and human rights, particularly the right to life.