Artigo

O poder-dever da aplicação do princípio da insignificância pelo delegado de polícia

The scope of this scientific article is a theoretical analysis of the role of the police chief within the context introduced by the Federal Constitution of 1988. In this sense, from the analysis of the Brazilian legal system, together with the bibliographical research of constitutional, criminal pro...

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Autor principal: Venâncio, Rafael Henrique Ayres
Grau: Artigo
Idioma: pt_BR
Publicado em: Universidade Federal do Tocantins 2023
Assuntos:
Acesso em linha: http://hdl.handle.net/11612/5667
Resumo:
The scope of this scientific article is a theoretical analysis of the role of the police chief within the context introduced by the Federal Constitution of 1988. In this sense, from the analysis of the Brazilian legal system, together with the bibliographical research of constitutional, criminal procedure and penal doctrinaires, the work demonstrates how the citizen Constitution assigned to the police officer a relevant role in the first phase of the persecutio criminis, acting as a true guarantor of individual rights of citizens. Furthermore, the important advances brought by Law 12.830/2013 are analyzed, which, from a constitutional interpretation, granted important legal substrates for the constitutional performance of the police authority, in order to play the role of first guarantor of legality, justice and individual rights. Based on these foundations, this article, through a literature review model, demonstrates that the police chief has the power and duty to apply the principle of insignificance in the extrajudicial sphere