A violação de premissas constitucionais na condução do IPM e a lei de abuso de autoridade

The violation of constitutional premises in conducting the military police inquiry and the abuse of authority law

Abstract

Criminal investigation in the military field has the peculiarity of being conducted by a military man who, in most cases, does not have a law degree. In this context, this article aims to present a series of fundamental constitutional premises in order to assist the person in charge of the military police investigation. The objective is, therefore, that the conduct of investigations is in accordance with the Constitution. On the other hand, the respective criminal types provided for in the Abuse of Authority Law will be presented in order to demonstrate that the violation of these constitutional premises may result in the criminal responsibility of the person in charge. The methodology adopted in this article is based on bibliographic research and on the analysis of constitutional and infraconstitutional provisions related to the subject. In conclusion, the constitutional premises presented must be observed by the person in charge when conducting the military police investigation, given that, in the event of violation of these constitutional premises, criminal liability under the terms of the abuse of authority law will be legally possible.