CONSIDERAÇÕES ACERCA DA APLICAÇÃO DO ARTIGO 13 DA LEI N. 13.869/2019 NA ATIVIDADE POLICIAL
Keywords:
Esfera policial, Constrangimento, Dolo específico, Legislação específica, Nova Lei de Abuso de AutoridadeAbstract
This work on the incidence of Law number 13.869/2019 in the police sphere has the purpose of analyzing the applicability of article 13 in the daily activities of police officers aiming the verification of such authorities in view of the preservation of the external honor of the individuals. For that, the hypothetical-deductive procedure method was used,, based on a bibliographic review, having as a theoretical framework the definitions and purposes of the "constraint" treated by the device under analysis. As for the results of the research, it was found that the accountability of the agents depends, mainly, on the analysis of the law in face of each situation, in view of the figure of specific intent as a garantor of the realization of justice for both active and passive subjects of the legislation, which is why its detailed content is of paramount importance. Finally, it is concluded that, although the particularities of cases with which police officers deal are diverse, the legislation is specific and at the same time dynamic, giving the possibility to distinguish which disputes are punishable by the practice of constraint illegal.