Autos de resistência: análise, sob a ótica do Garantismo Penal, do Projeto de Lei 4.471/12 e do Projeto de Lei do Senado 239/2016, que promovem alterações no procedimento adotado em casos de resistência à atuação policial

Abstract

In the occurrence of a Democratic State of Law, it is determined the submission of Power to the Law. Thus, all state agents must act, respecting guarantees of constitutional or legal order. In the police action, however, a methodology emerged that shows itself as an exception to the rule within a Rule of Law, the autos de resistencia. Specific procedure is fraught with illegality, like this if it makes it necessary to patent its change. The Brazilian constitutional order is considered by respect for fundamental rights, in a system that can be characterized as Guaranteed and with tendencies to Minimum Criminal Law. Seeking to change the procedure of the statute of resistance, and to approximate the police action of the constitutional principles, the Law Project 4,471 / 2012 and the Bill of the Senate 239/2016 arise. The projects modify, the way in which the experts are made in cases of death, as a result of resistance to police action, in addition to a change in the body of article 292 of the Code of Criminal Procedure. With the approval of the projects, it is hoped to obtain a double ideal of certainty, since there would be specific legal for the case of the deaths, in result of the police action, besides reinforcing the protection and application of informal penalties in part of the police agencies.