Possibilidade de reconhecimento das excludentes de ilicitude em sede policial: como o Delegado de polícia pode aplicar o Princípio da Insignificância.

Abstract

This monograph is proposed to analyze if it is possible the police officer as a police authority to enforce the principle of insignificance infamous. For this, initially it is a study of the major points of criminal pretrial phase, which is chaired and led by police chief. Then brief study is made of the exclusive causes of illegality expressly provided in the penal law, and an examination of the principle of insignificance as a cause of supralegal unlawful exclusionary, as well as their wide application. We tried to quote the best criminal and punitive proceduralist doctrine in order to enrich the research. It will be demonstrated that the delegate has autonomy and discretion in the investigation, and when it becomes aware of any criminal offense. This, taking advantage of his technical legal knowledge examines the elements of the offense. Was over the years that the police chief gained greater appreciation, and today, this post is a private bachelor of law approved in tender. The high point of the monographic work is done at the last part, it is clear that this proof of the possibility of applying the principle of insignificance by the delegate as exclusionary because of objections. This is done by collecting jurisprudence of the Superior Courts, interpretation of legislation homeland and positioning of various jurists.