As excludentes de antijuridicidade no direito brasileiro: considerações sobre a legalidade da apreciação realizada pelo delegado de polícia no momento da lavratura do auto de prisão em flagrante

Abstract

This monograph is the result of a bibliographic research that has as reference works and laws that address the problem of the analysis of the exclusion of illegality by the Police Delegate at the moment of drawing up the Prison Record in the act. The aim is to show that this legal operator is a skilled professional, in addition to presenting the positive and negative points of the exclusion of the Police Authority from the Code of Criminal Procedure, as well as doctrinal positions. To guide the research, we present the concept of crime, the classification and the important theories, the role of the Police Delegate in Brazilian law, an opportune moment for the drawing up of the self and the role of the Police Authority at the moment of the act because of the projects of law that aim to modify the Code of Criminal Procedure as well its current applicability and prospects for the future.