Morte decorrente de oposição à intervenção policial: a “in”competência da produção do inquérito pelo delegado da polícia judiciária

Abstract

With the changes of the military penal code (Law 9.299/96 and Law 13.491/2017) and the Federal Constitution (Constitutional amendment nº. 45 de 2004) the competence to process and judge intencional crimes against life of the lives civilians, practiced by state’s military, ceases to be Military Justice and becomes the Court of the Jury, occasioning in turn, doubts about the competence to prdution of the police inquiry in case of ‘Death Due to Opposition The Police Intervention’ (nomenclature that currently replaces the expression ‘Resistance to Authority’). The present work was motivated by the divergence found not only in jurisprudence, but also in the pratical field (police inquiry), and it´s purpose, using the discriptive method, analizy the doctrine, jurisprudence and homelands legislation, in order to define whether the ‘Resistance to Authority’ belong to the list of military or common crimes, so that, in this way, possible a wise conclusion about the competence for its calculation, namely, i.e. if this belongs to the police delegate or military judiciary, as well as the possibility and consequence of the manufacture, parallel or not, inquisitorial by the incompetente authority ( if there is).