OLIVEIRA, K. R. E.; OLIVEIRA., Kaio Rodrigues Estrela de.
Resumo:
The police chief is the first authority to have contact with the occurrence of criminal
offenses, and it is up to him, in the use of his constitutional and legal attributions, to
verify the existence of typical conduct, and he must always act cautiously,
safeguarding rights and individual guarantees of citizens. Thereby, the police authority,
when faced with possible criminal conduct, may or may not initiate the police
investigation, and may or may not draw up the respective arrest record, and must
reasonably position itself and proceed to a detailed legal analysis of the specific case.
On the other hand, in view of the postulate of the “ultimate ratio” (minimum
intervention), the principle of insignificance arose, according to which Criminal Law
should only be applied, in the specific case, to agents who practice conduct that
effectively injures the legal assets tutored in a relevant and expressive way. Starting
from these ideals, the following questions arise: According to the current system, would
it be possible for the police chief to apply the principle of insignificance in the first phase
of criminal prosecution? In addition, does the recognition of the application of this
principle in the pre-procedural phase cause any practical effect that benefits society
and the State in any way? The search for results for these inquiries resulted in a survey
that has the general objective of reaching a conclusion on the possibility - or not - of
the application of the principle of insignificance by the police chief in the first phase of
the criminal persecution, as well as exposing the legal effects and practical benefits
from such a conclusion. In addition, the study has the specific objective of analyzing,
in depth, the fundamentals and justifications favorable and contrary to the application
of the principle of insignificance and the recognition of material atypicality by the police
authority, in addition to considering the practical aspects of the approval of each of the
analyzed understandings. For this purpose, the inductive method will be carried out,
starting from the analysis of situations and effects concretely deduced, with the
purpose of reaching, at the end, a general conclusion. As for research techniques,
bibliographic and documentary will be used, through laws, jurisprudential and doctrinal
understandings, in addition to scientific articles and websites on the world wide web.
Using such research methods and techniques, in the end, it was possible to conclude
that the police chief cannot only, but has the duty to apply the principle of insignificance
in the investigative phase, with the main objective of safeguarding the constitutional
and legal rights of citizens, in addition to reflecting economic benefits to the State,
inhibiting disproportionate and unnecessary spending.
