O poder do delegado de polícia em tipificar condutas em face ao princípio da insignificância

Abstract

This Study Aimed To Analyze Whether The Police Chief, in the face of a flagrantly devoid of material characteristic, could apply the principle of insignificance to the case or if there cognition of insignificance would be restricted to examination by the Public Ministry and the Judiciary. Some of the step taken together were to identify how the application of the principle of insignificance by the police chief can serve as an obstacle to the unnecessary movement of the state machine and the unnecessary incarceration of people in the absence of the material nature of the conduct, as well as to analyze the possibility and scope of the Delegate's role in applying the principle of insignificance. For this purpose, bibliographic research was used as a method for data collection, through a study based on books, scientific articles, magazines, andelectronicdocumentsonthe Police Delegate's Power to typify conduct in face of the principle of insignificance. From The Analysis Of The Whole Research Problem, it was possible to perceive that the Delegate cannot only, but also must apply the principle of insignificance when the absence of material typical it is flagrant, in order to carry out a firstanalysisofthe concrete fact, which , although it is not definitive, it legitimizes it as an authority that guarantees fundamental rights and avoid the decision overload in the organs of the Judiciary, whichpreventstheunnecessarymovementofthepublicmachinery. Finally, through all the study carried out and pedagogical suggestions presented, it waspossibletoconfirmthedecision-makinganddiscretionarypowerthatthepoliceauthorityh astoanalyzetheentireanalyticalconceptof crime, which is not obliged to initiate a police investigation or draw up a prison sentence. in flagrante delicto in the face of a conductthatdidnotinjureor cause dangerofinjurytoany legal asset, since it possesses not only the power, butalsothedutytoapplytheprincipleofinsignificancetothe case investigated.