AUTONOMOUS VEHICLE GUARDER
service provider or criminal infringer?
Keywords:
Guardador autônomo de veículo, Flanelinha, Controle social, Polícia Militar de Santa Catarina, Procedimento Operacional Padrão, POP, Crime e contravenção penal, Direito PenalAbstract
The flanelinhas, codename given to the autonomous vehicle keepers, are closely related to the phenomena of informality, unemployment and marginality. Depending on the form of action, the activity carried out by them transmits from the sphere of charity to that exercised to the margin and shiver of the law. The Military Police of Santa Catarina (PMSC), in line with the guidelines established in the Command Plan, a strategic planning and management tool, instituted standard operating procedures, called POPs, among which there is the attendance of police calls and response involving autonomous vehicle keepers (flanelinha). The recent jurisprudential and doctrinal understandings made necessary the reanalysis of the conducts and actions practiced by the autonomous vehicles keepers (flanelinhas) that characterize criminal offenses. As a consequence, adjustments to the standard operating procedure for compliance are recommended, as embodied in POP Nº. 304.34, in the desideratum of the constitutional mission of the Military Police of ostensible police and preservation of public order in a Democratic State of Law.