FERREIRA, A. G. A.; FERREIRA, Adolfo Gomes Abrantes.
Resumen:
The present study has the theme of the possibility of PoliceChief autonomous
representation in Temporary Detention and its purpose is analyze Brazilian doctrine
about the issue, as well as the practicalities adopted and the jurisprudence which
deals with the theme, considering that the doctrine is not unanimous about the
necessity for the assent of the Prosecutor’s Officefor the representation of the police
chief is legitimate. The big question that the issue involves is the fact that the Chief of
Police does not have “jus postulandi in juditio”, that the Prosecutor’s Officeis the
exclusive holder of the Public Criminal Action and the impossibility of any security
detention be declared in “ex officio” mode by the Judge, which means that part of the
doctrine claims being exofficio the Temporary Detention declared by the way of
Police Chief representation without assent of the parquet. The method to be used is
the deductive starting from the law and the general principles to specific issues,
comprising doctrine, jurisprudence and legal devices. The search technique to be
used will be indirectly documentation, through research on pre-existing documents,
writings, articles, literature, concluding by the possibility of PoliceChief autonomous
representation, but with the need for the records are sent to the Prosecutor’s
Officefor it to manifest for or against and that the case be referred to the Judge to
decide in unbound way of the opinion.
