A legítima defesa e a polícia

Abstract

This paper presents a study about self-defense and its use by police officers. We began with a doctrinal survey about the crime theories and we verified that it is a typical fact, illegal and culpable. Thus, we verified that self-defense works as an excluder of illegality, this excluder removes the illegality of the typical fact. The research indicates that the legislator, to avoid that self-defense is used in an abusive way, created essential elements to the proof. As a result, if after it was started, some of the necessary elements were exceeded, the excess of self-defense is originated. We also addressed to the police powers that are assigned to the police officers through The Federal Constitution, we tried to delimit its application to check its authenticity. At last, an analysis of the everyday police officer’s life was made, we also researched about how this safety professional has been acting in actions related to the illegality excluder that was mentioned. Articles and newspapers publications were collected and related to the theme.