Aplicação do principio da insignificância pelo delegado da polícia judiciaria.

Abstract

The principle of insignificance, from its origin in Roman law, intended to punish effectively relevant offenses, despised facts which do not concern the State in accordance with the principle of minimum intervention. Despite being a principle which has no express provision in the legal system, it has been widely accepted by the doctrine and the patriotic courts, with the aim of this study emphasize the importance of applying the principle of insignificance against the police investigation, as a means of making the most effective criminal justice system and protect the constitutional rights of every individual and the right to liberty of the citizen. As for the methodology, this research can be classified as literature, using the deductive method to comprehensively analyze the Brazilian penal system and rethink the role of Chief Police Officers in it, bringing together the main understandings, both in doctrine and case law, for the purpose of defining the majority position taken by the Brazilian legal system. Thus, it follows that the Police Authority is the first to meet the criminal offense, and shall, at its discretion, assess the typicality of criminal conduct, always acting with caution and prudence. Furthermore, you can set up or not necessary procedure to investigate the alleged infraction, should justify their decisions and observe the most appropriate measure in this case.