O princípio da insignificância e a sua aplicação pela autoridade policial

• Autor(a) principal: Re, Alexandre Assis
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/16916
• topic: Princípio da insignificância; Tipicidade material; Suprema Corte; Delegado de polícia.

A polemic issue in Brazilian criminal law is the principle of insignificance, which, because it does not have a legal provision in the Brazilian legal system, has its application based on subjectivity, that is, concepts adopted by the concept of the judge having as a compass the understanding of the Supreme Court. Something that has generated more recent discussions is the possibility of applying the principle of insignificance by the Police Commissioner, the doctrine diverges on the subject. The present monographic work aims at the discussion about the possibility of the judicial police authority to ex-officio apply the principle of insignificance in criminal court. In view of the specific case, the application of this principle to remove the material nature of the conduct without the usurpation of function, since the delegate is the operator of the right, since the career requires a bachelor's degree in direct and the position has discretion. Firstly, an explanation is made around the principle of insignificance by developing the concept and its legal nature, then its application in the criminal chamber. And concluding the study that the police authority can of course apply the principle of insignificance in the concrete case.