Abstract: The Laws of the Police and Gendarmerie argue whether their provisions are in according to human rights principles. The compliance with personal freedom involves the requirement that interest and activity of judicial powers must be strictly regulated by law. Limitation or deprivation of liberty made ​​by the police or gendarmerie, even they are exceptional measures, carried out in cases of force majeure or when flagrant crimes are committed, don’t find complete overlap on the general criteria required by preventive measures, appearing as necessary and imperative the obligation to draw up a report regarding taking such a measure and the regulation of an appeal against it, beyond the disciplinary responsibility of policemen that had misused.

Keywords: police law, gendarmerie law, human rights