This research intends to analyze the public security’s theme and his tensions with human rights, expressed by the general utilization of the autos de resistência by the Rio de Janeiro’s polices. We will use the permanent state of exception category as a key to study the sovereign’s power over the bare lives, which is perceived in the illegal use of lethal force by the police. So we intend to show the state of exception genealogy’s in the violent strategies of social control in Brazil along the constitutions, since the colonialism, by the empire, the República Velha, the Era Vargas, the military dictatorship, until the context reached by 1988’s Federal Constitution. Thus, will be analyzed the formal constitution perspective of public security, observing the discussion in the Constituent Assembly of 1987, and the constitutional reception of the public security theme. Moreover, will be studied the material constitution perspective, analyzing concrete experiences of security’s public policy at the Rio de Janeiro’s state governments since the reopening of democracy, observing the law and order model and the utilization of Agamben’s categories as camp, biopolitics and homo sacer. Finally, we will approach the auto de resistência as a biopolitical dispositive that authorizes deaths in certain social categories, even in the democracy.