O poder discricionário do delegado de polícia na condução do inquérito policial.

Abstract

This study analyzed the discretionary power of the chief of Police in the conduct of the police investigation. Considering that the Federative Republic of Brazil is a Democratic State based on the rule of Law, it is relevant to study the performance of State organs and agents, especially the institutions and authorities responsible for applying the State's punitive power-duty, especially in the compliance and respect for fundamental rights and guarantees. Thus, it started with a motivating inquiry questioning about the absence of expressed limits into the exercise of this power in the management of criminal investigation. Thus, the intention with this work was to understand the prerogative, knowing the activity carried out by the Police chief in the direction of criminal investigations, disposing of the criminal prosecution in the police sphere and dealing with its exercise in the investigative management of the journal, examining and searching for criteria guidance. For this purpose, it was conducted a qualitative research with a method of deductive approach and the techniques of bibliographic and documental research that were used in this qualitative research, considering the pertinent constitutional, legal, precedent and doctrinal dispositions. The research was successfully demonstrated through the satisfactory achievement of the subject outlined, highlighting the relevance and indispensability of the Police authority discretionary power in the efficient and impartial performance of investigative functions. Finally, a number of guiding criteria regarding the exercise of these rights were established through the interpretation of precepts and constitutional, legal and legal-administrative principles, in the scope of protecting fundamental rights and guarantees, promoting the application of the principle of human dignity and strengthen the Democratic State based on the rule of Law, the criminal procedural system adopted, the chief of police career and the study on the Law of Judiciary Police.