The impact of judiciary decisions on public security policies in Brazil

The principle of separation of powers is present in the Federal Constitution of Brazil, and states that the powers must be independent and harmonious with each other. When cases of judicialization of public policies occur, the Judiciary has its power expanded in matters that would be of primary competence of the Legislative and Executive powers. The purpose of this article is to carry out an analysis of two specific cases that occurred in Brazil in which a judicial decision has a direct impact on public security policies. The first case is a decision by the Superior Court of Justice - STJ that changed the understanding of police pat down and suspicious attitude. The second case is a decision by the highest court in the country, the Federal Supreme Court - STF, which prohibited police operations in favelas in the city of Rio de Janeiro/RJ during the Covid-19 pandemic. The analytical lens used in these case studies was through the discretion of street-level bureaucrats, specifically looking at police officers, who are professionals who deal with the public on the street, regardless of external decisions similar to Top-Down policies. As a result, it was found that even a monocratic decision by a judge or minister can have a strong impact and change in practice the implementation of previously designed public security policies, but that street-level professionals are essential parts in this process through its discretionary power to act.