FILHO, L. L. S.; http://lattes.cnpq.br/4114037170274740; SILVA FILHO, Luiz Lourenço da.
Résumé:
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.
