A possibilidade do reconhecimento e aplicação do princípio da insignificância pelo delegado de polícia.

Abstract

The objective of the present work is to examine the legal possibility of the recognition and application of the insignificance principle by the Police Chief in Brazil. Thus, the role of the Police Chief, the analytical concept of crime, its grounds and the basic principles that justify the principle under investigation will be analyzed. Furthermore, the concept and requirements established by the Federal Supreme Court (STF) for its application will also be studied. It is known that the role of the Chief of Police places him in the forefront of the most diverse situations and he ends up being the first to have contact and knowledge of the case, thus being the “first filter” in relation to the criminal act itself. Therefore, the objective is to understand whether the police authority can make use of the insignificance principle in the first contact with the crime or if it should either way carry out the arrest in flagrante delicto, in accordance with the principle of obligatory nature, awaiting assessment of judicial authority in the figure of the judge. To achieve the proposed objective, a bibliographical research was carried out through primary and secondary sources, observing the doctrinal and jurisprudential understanding to reach the inductive interpretation, for in the Brazilian legal system there is still no objective solution to the issue.