A polícia judiciária e o princípio da insignificância

Abstract

This study aims to analyze the discussion about the possibility of applying the Principle of Insignificance by the Chief of Police in the pre-trial stage, as this authority is the first guardian of individual rights and guarantees in criminal matters. Therefore, it analyzes the Principle of Insignificance, considering its historical evolution, foundations and functions under the tort theory, possibilities of application, legal provisions and case law compliance in Brazil. It will also be explained the establishment of the Judicial Police, elucidating its historical evolution on the national scene and some of its many tasks. Finally, it will be analyzed the discussion about the possibility of applying the Principle of Insignificance by that organ in this case, approaching the contrary and favorable arguments for such a practice. This work is justified based on discussions about the possibility of applying Principle of Insignificance by the Chief of Police, even though minority position considers it possible, as this debate embraces the citizens’ intrinsic guarantees of the democratic rule of law, notably the dignity of the human person.