Termo circunstanciado de ocorrência realizado pela polícia militar: aspectos críticos e dogmáticos

Abstract

The present article sought to critically analyze the Circumstantiated Occurrence Term from a constitutional perspective, through the interpretation of the concept of police authority, existing in law 9.099 / 95. Relevant issues were addressed in order to demonstrate not only the existing problems, but also the unconstitutionality in drafting the Circumstantiated Occurrence of Occurrence by the military police of the Member States. The article aims to analyze, under a constitutional bias, the drafting of the Circumstantiated Occurrence by the military police, in order to guarantee a better interpretation of Law 9.099 / 95 and protect constitutional rights and guarantees. Theoretical researches were used as methodology, based on the books Law and Reason of the author Luigi Ferrajoli, The Enemy of Criminal Law of the author Eugenio Raúl Zaffaroni as well as scientific articles and jurisprudential researches. Although there are still several currents of thought on the subject studied, we believe that using the constitution as a filter of the interpretative process, the best doctrine follows the same line of reasoning of the present article