Princípio da insignificância e sua aplicabilidade pelo delegado de polícia

Abstract

The principle of insignificance emerges in the context of seeking a Minimal Criminal Law. Therefore, this principle is an interpretative tool that has been increasingly studied within the scope of criminal law. Consequently, this research aims to investigate the applicability of the principle of insignificance by the Police Chief, recognizing the atypical nature of an act, in order to prevent unnecessary police investigations and the unjustified incarceration of the individual, specifically during the drafting of the arrest report. In the methodology, the applied method includes the juridical-historical and juridical-interpretative approaches. Regarding the type of investigation, it was chosen, following Jorge Witker (Witker, 1985) and Miracy Barbosa de Sousa Gustin (Gustin, 2010), the juridical-projective type. The reasoning developed was predominantly deductive. In the final considerations, it was found that the Police Chief, exercising a technical-juridical function and requiring a degree in Law for appointment, possesses the capacity to analyze behaviors in their material aspect and consequently apply the principle of insignificance when initiating a police investigation or filing a criminal report, as well as during the drafting of the arrest report. This approach brings numerous advantages, particularly in making the constitutional system more logical and rational, ensuring that the fundamental rights established in the Constitution are effective, and truly positioning Criminal Law as a last resort of the State.