Abstract
The present work, through the use of deductive scientific research methodology, with analysis of doctrines, jurisprudence, legislation and studies related to the topic, intends to present a study of the (il)legality of racial profiling in relation to police approaches in Brazil. The scope of the research is the discussion motivated by Habeas Corpus nº 208,240 filed by the São Paulo Public Defender's Office in a trial at the Federal Supreme Court, in order to recognize the illegality of evidence collected in police approaches motivated by skin color. According to the constitutional understanding, everyone is equal before the law, without distinction of any kind. In this sense, Law No. 7,716/1989 punishes all types of discrimination or prejudice as illicit conduct. Therefore, the research explores the illegality of evidence resulting from discriminatory police approaches, due to transgression of constitutional and criminal norms. Therefore, this study is of great legal and academic relevance in addressing a current problem that generates serious consequences for society and the legal system.
