A (im)possibilidade jurídica da lavratura do termo circunstanciado de ocorrência pela Polícia Militar de Alagoas: breve análise do decreto estadual no 88.653, de 7 de fevereiro de 2023

Abstract

Is the drawing up of the Circumstantiated Term of Occurrence (TCO) by the military police of the State of Alagoas in accordance with the constitutional attributions conferred on the PMAL? Alongside this, the dissertation seeks to briefly discuss the constitutionality of Decree No. 88.653 of February 7th, 2023, authored by Governor Paulo Dantas. In this sense, the problem crosses issues that range from the identification of the legislative competence of the political entity to issue norms to the analysis of compatibility between the constitutional functions of the ostensible police and the registration of crimes of less offensive potential by its agents The development phase of the work begins, then, with the exposure of the organs of public security that are linked to the State Public Administration, as well as the moment in which other doctrinal aspects of the problem are addressed, such as the conceptualization of the police piece under study and the definition of the expression "police authority". Next, in the third chapter of the monograph, a quick presentation of the Alagoas law in evidence is made, comparing it also with the legislation of other Member States that, like Alagoas, authorize the confection of the TCO directly by the local Military Police. The last section of the research development is dedicated to the exploration of judgments of the Federal Supreme Court, which discuss if the police practice foreseen in art. 69 of Law 9.099/95 is or not an exclusive activity of the judicial police. That said, the present incursion seeks to point out the legal (im)possibility of the direct connection of the street policeman with the Special Criminal Courts of the State of Alagoas. Finally, it was concluded that the production of the police document in question exceeds the constitutional attributions of the PMAL, especially because, even if briefly, the registration of the minor criminal offence requires a technical-legal analysis of the fact, which can only be done by the judicial police.