O controle da intervenção estatal pelo Delegado de Polícia por meio da aplicação do princípio da insignificância

Abstract

This article analyzes the application of the principle of insignificance by the Police Commissioner in the pre-procedural phase of criminal prosecution. The study investigates the legal feasibility of this action within the Brazilian criminal justice system, which combines inquisitorial and accusatory characteristics. The research is based on the principles of minimal intervention, fragmentarity, and subsidiarity, demonstrating the importance of filtering irrelevant conduct to streamline the criminal justice system. The methodology adopted is qualitative, based on bibliographic review and documentary analysis, with an emphasis on legislation, legal doctrine, and Supreme Federal Court jurisprudence. The results indicate that, although applying the principle of insignificance by the Police Commissioner can contribute to the efficiency of the criminal justice system and prevent the unnecessary criminalization of minor offenses, its implementation faces challenges, such as the absence of clear normative guidelines and institutional resistance to adopting a garantist model. It is concluded that modernizing the investigative system, combined with the training of legal professionals, is essential to consolidate a more balanced criminal justice system that respects fundamental rights and promotes justice proportionally and efficiently.