Análise da possibilidade de aplicação do princípio da insignificância pela autoridade policial no ordenamento Jurídico Brasileiro.

Abstract

The delegate as Police Authority is the chief of the judicial police, which is intended for the investigation of crimes that have already occurred, or that could not be prevented, with the main objective the development of the police inquiry. This is where a Delegate in charge of its powers and its discretion, may make a technical and legal analysis applied to the facts apparently typical Bickering principle before a tiny injury practiced for possible criminal agent. This work is central scope examine the possibility of applying Bickering principle by the Chief of Police. For this, it was used as a method of hypothetical-deductive approach, employing a policy of methods the historical and evolutionary method, the exegetical and legal method, as well as the hermeneutical method, the research is instructing with indirect documentation, by bibliographic research, with grant from the national doctrine and scientific articles. The Principle of Bickering, in spite of not having a concept expressed in the Brazilian legislation, has been strengthened in recent years, as well as its recognition is increasingly present in the jurisprudence and doctrine. However, its application in police headquarters suffers resistance from law enforcement officers. However, sees to be legally possible to apply the Delegate, generating benefits not only for society but also for the agent and the entire judiciary, it does not occupy this with behaviors that are considered atypical by the Judge. It is unreasonable to move the entire machine so that the judicial magistrate, to pronouncing the sentence, use the principle of Insignificance, which could have already been recognized by the Police Officer. The criminal law must deal with conduct that significantly attacking legal interests, seeking thus prevent abuse, injustice and often irreparable damage. It is thus in a way to ensure legal and humanely balanced solutions to the Criminal Law does not steal in guaranteeing individual freedoms, applying its sanctions effective and minimally necessary and possible way in proportion to the offense to the protected legal interest.