A possibilidade de aplicação do princípio da insignificância pelo delegado de polícia nos crimes de furto

• Autor(a) principal: Alano, Humberto de Souza
• Data de Publicação: 2017
• 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/5690
• topic: Direito penal - Brasil; Polícia; Furto

The present work of conclusion of course aimed at analyzing the possibility of application of the principle of insignificance by the police delegate in the crimes of theft. It establishes a study of the principle of insignificance, mainly in relation to its application by the police officer, in police headquarters, in the crimes of theft. The method used was deductive. The procedure was monographic. As for the level, the research is exploratory and, in terms of the approach used, it is qualitative. The technical procedure used for data collection was the bibliographical one, using doctrine, articles, legislation and jurisprudence of the Brazilian superior bodies referring to the presented theme as a research source. In the course of the present, it was found that the application of the principle of insignificance by the police delegate involves several discussions, since the Superior Court of Justice (STJ) has precedent that only the Judiciary can recognize the application of this principle. However, there is no impediment for the police officer to carry out the analysis of the principle of insignificance in the police. The research has shown that the Supreme Court of Justice (STJ) is outdated, after the era of the Constitution of the Federative Republic of Brazil of 1988, since the police officer must always, from the beginning of the investigations, ensure the rights and guarantees of the citizen. At the end of the day, it was possible to conclude that the police chief should apply the principle of insignificance in theft crimes, since the police officer, as the first guarantor of the law, should always cherish the fundamental guarantees of the individual, taking into account , and the social need for faster justice.