Aplicação do princípio da insignificância pela autoridade policial: uma análise doutrinária da viabilidade de utilização do referido princípio na seara do inquérito policial
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Date
2020-06-10
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Universidade Católica do Salvador
Abstract
The present work aims to discuss the possibility of the application of the principle of insignificance by the judicial police authority in the field of police investigation. In view of the specific case, in view of the discretionary power of the police authority to apply the principle of insignificance, thus removing the material nature of the conduct, not constituting a deviation of function, since the delegate is an operator of the law and the law degree is a requirement in the event. for the career of delegate. The delegate is the one who analyzes the formal and material requirements for the application of criminal law. It is in this debate that this article was developed. First, a conceptual approach is made to the principle of insignificance, its legal nature and origin. Then we deal with the judicial police and the police authority. Requirements for the application of the principle of insignificance according to the positions of the Superior Courts. Lastly, the reasoning of the aforementioned principle, the absence of a reason for criminal prosecution and which police authority should act in the case. Closing the article with the conclusion that the police authority can officially apply the principle of insignificance. The aforementioned principle has the function of removing the repressive right, since the penal type must be analyzed in both the formal and material aspects. The methodology used in this article was qualitative research, based on bibliographic research, articles and jurisprudence from the Superior Courts.
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Keywords
Princípio da insignificância, Delegado de polícia, Tipicidade material, Principle of insignificance, Police chief, Material typicality