O Delegado de Polícia como aplicador do Princípio da Insignificância em Sede de Polícia Judiciária

Abstract

The purpose of the present work is the possibility of applying the principle of insignificance by the Police Delegate in the Judiciary Police. However, there is a doctrinal understanding in the opposite sense in which the Police Delegate would not be authorized to make value judgment on the subject. The principle of insignificance applies to crimes whose offense to the legal good violated does not cause harmful and irreparable harm to its owner. Although the delinquent conduct of the agent is described by the criminal law as an infraction (formal sense of crime), it does not bring serious consequences of material proportions worthy of the punitive power of the Judge State. The importance of the application of this principle by the Police Delegate makes it possible for the perpetrator of a crime in the formal sense to get rid of himself even in the police phase, since the conduct practiced by him can not be considered a crime because there is no single element that is a component of typicality; the material typicity that makes the fact atypical. Therefore, the fact that there is no crime and the agent caught in flagrante delicto can not remain under police control pending a judicial decision, and the Police Delegate has the technical legal capacity to assess the conduct of the agent and say, law based on the concept of the principle of insignificance. The present research was carried out through the consultation of doctrinal literature, Brazilian legislation and jurisprudence in the scope of the Supreme Federal Court-STF and the Superior Court of Justice-STJ, in addition to consultations with legal journals and academic journals on the subject, under a qualitative approach. Lastly, it was pointed out that the application of this trifle principle must be applied by the Police Authority as a necessity and a guarantee of the public freedom of the citizen with respect to the dignity of the human person.