Can the Military Judiciary Police of the Union fail to initiate a Military Police Inquiry and issue a Notice of Arrest in Flagrante based on the principle of insignificance?

Abstract

The purpose of this article is to demonstrate that, despite understandings to the contrary on the part of some operators of law, the military criminal law establishes that the application of the Principle of Insignificance, in the face of a concrete fact, is a private act of the judiciary. In the same sense, the Federal Supreme Court and the Superior Court of Justice have already decided. The methodology used was bibliographic research. It was concluded that the trifle principle, in some situations, can and should be applied by the Military Justice of the Union. However, the Military Judiciary Police of the Union does not have sufficient attribution or legal knowledge to fail to initiate a Military Police Inquiry or not draw up a Notice of Arrest in Flagrante delicto based on a fact that, in theory, presents itself with the guise of an insignificant crime.