A aplicação do princípio da insignificância pelo delegado de polícia sob a ótica do moderno conceito de inquérito policial.

Abstract

The police chief is the first authority to have contact with the occurrence of criminal offenses, and it is up to him, in the use of his constitutional and legal attributions, to verify the existence of typical conduct, and he must always act cautiously, safeguarding rights and individual guarantees of citizens. Thereby, the police authority, when faced with possible criminal conduct, may or may not initiate the police investigation, and may or may not draw up the respective arrest record, and must reasonably position itself and proceed to a detailed legal analysis of the specific case. On the other hand, in view of the postulate of the “ultimate ratio” (minimum intervention), the principle of insignificance arose, according to which Criminal Law should only be applied, in the specific case, to agents who practice conduct that effectively injures the legal assets tutored in a relevant and expressive way. Starting from these ideals, the following questions arise: According to the current system, would it be possible for the police chief to apply the principle of insignificance in the first phase of criminal prosecution? In addition, does the recognition of the application of this principle in the pre-procedural phase cause any practical effect that benefits society and the State in any way? The search for results for these inquiries resulted in a survey that has the general objective of reaching a conclusion on the possibility - or not - of the application of the principle of insignificance by the police chief in the first phase of the criminal persecution, as well as exposing the legal effects and practical benefits from such a conclusion. In addition, the study has the specific objective of analyzing, in depth, the fundamentals and justifications favorable and contrary to the application of the principle of insignificance and the recognition of material atypicality by the police authority, in addition to considering the practical aspects of the approval of each of the analyzed understandings. For this purpose, the inductive method will be carried out, starting from the analysis of situations and effects concretely deduced, with the purpose of reaching, at the end, a general conclusion. As for research techniques, bibliographic and documentary will be used, through laws, jurisprudential and doctrinal understandings, in addition to scientific articles and websites on the world wide web. Using such research methods and techniques, in the end, it was possible to conclude that the police chief cannot only, but has the duty to apply the principle of insignificance in the investigative phase, with the main objective of safeguarding the constitutional and legal rights of citizens, in addition to reflecting economic benefits to the State, inhibiting disproportionate and unnecessary spending.