A POSSIBILIDADE DO DELEGADO DE POLÍCIA CELEBRAR NEGÓCIO JURÍDICO PROCESSUAL PENAL POR MEIO DA LEI 13.964/19 (PACOTE ANTICRIME)

Abstract

The present work explored the following theme: the possibility of the police chief entering into a criminal procedural legal transaction through Law 13,964/19 (anti-crime package). For this purpose, we sought, initially, to elaborate a historical, conceptual and legislative contextualization of Law 13,964/19, called the anti-crime package, in which it was found that the legislation in question was based on the assumption that it was necessary to modernize the criminal procedure, even that it was through amending norms, at which time, it presented as a supposed novelty the so-called criminal procedural legal transaction. Then, it was explained about the institute of the police investigation in the Brazilian procedural system, considering the principle part of this institute and its characteristics, when it became evident that this administrative phase of criminal prosecution, although unnecessary for the prosecution of criminal action, can very contribute to it if it is solidly completed by the police chief. It concludes with an approach to the possibilities brought by the anti-crime package regarding the conclusion of a procedural legal transaction by the police chief, and it was found that the express provision in the criminal proceedings that the police officer can enter into a legal transaction was fruitful and promising. procedural, as this can represent not only efficiency in the preliminary investigation but also a quicker conclusion of the police investigation.