A possibilidade de representação autônomo do delegado de polícia na prisão temporária.

Abstract

The present study has the theme of the possibility of PoliceChief autonomous representation in Temporary Detention and its purpose is analyze Brazilian doctrine about the issue, as well as the practicalities adopted and the jurisprudence which deals with the theme, considering that the doctrine is not unanimous about the necessity for the assent of the Prosecutor’s Officefor the representation of the police chief is legitimate. The big question that the issue involves is the fact that the Chief of Police does not have “jus postulandi in juditio”, that the Prosecutor’s Officeis the exclusive holder of the Public Criminal Action and the impossibility of any security detention be declared in “ex officio” mode by the Judge, which means that part of the doctrine claims being exofficio the Temporary Detention declared by the way of Police Chief representation without assent of the parquet. The method to be used is the deductive starting from the law and the general principles to specific issues, comprising doctrine, jurisprudence and legal devices. The search technique to be used will be indirectly documentation, through research on pre-existing documents, writings, articles, literature, concluding by the possibility of PoliceChief autonomous representation, but with the need for the records are sent to the Prosecutor’s Officefor it to manifest for or against and that the case be referred to the Judge to decide in unbound way of the opinion.