The Application of the Principle of Insignificance by the Police Authority when Drawing up the Authority of Arrest in Flagrant

Abstract

Administrative powers are prerogatives granted to the Public Administration and are considered instrumental because they constitute the State's working tools for achieving its objectives and exercising its administrative powers. In this context, this
work aims to analyze the prerogative of the police authority in applying the principle of insignificance when drawing up a report of arrest in the act. Thus, firstly, the competence of the police authority and its discretionary power to carry out a certain act will be analyzed, with freedom to choose according to its convenience and opportunity. It will also seek to demonstrate some legal aspects about the arrest in the act, more precisely about the application of the principle of insignificance by the police authority when drawing up the arrest report in the act. To this end, some positions from both Doctrine and Jurisprudence on the topic will be highlighted, bearing in mind that there is no fixed position, and it is necessary to analyze the circumstances of the specific case. This means that the police authority must act in accordance with the public interest, as the police chief is the first to be aware of the facts and those involved, and must guarantee the fundamental rights of those caught in the act. Therefore, you can only act in accordance with what the Law determines. The methodology used was the hypothetical-deductive method, using as its main research technique the survey of theoretical references, through printed and digital books, scientific articles, electronic magazines, in addition to the analysis of Brazilian Constitutional and Infraconstitutional legislation.