A possibilidade do reconhecimento do princípio da insignificância em sede policial.

Abstract

Criminal policy and criminal law are related and these areas have to be collaborative dealt. When a legal expert interprets a criminal law, this person has to exclude what is considered meaningless using the law principles required while analyzing each case. A case cannot be construed by itself, but it must be interpreted taking into consideration the existing principles, amongst them the insignificance principle. The criminal police are led by the Head of Police that assist the Public Prosecution in private or public investigations; they have to investigate crimes aiming to find any evidence to prove who committed them and how they were committed. When a crime happens, the Head of Police have to analyze it through the notitia criminis and set the facts up according to the law. This paper is developed based on the possibility of applying the insignificance principle, through the inductive method. Thus, the Head of the Police has to present documents, which should be built in accordance to the law and to previous judged cases, regarding the insignificance case stated, and then close the case once he or she has no power to prosecute it. This project shows extreme importance to future studies, since it shows that being too strict to the law may sometimes not bring justice to the society, because it procrastinates a better and quicker state jus puniendi.