O crime de abuso de autoridade: uma análise da nova lei de abuso de autoridade e os desafios ao controle externo da atividade policial

Abstract

The main objective of this Course Conclusion Work was to analyze the new law of abuse of authority with emphasis on the reflexes of police activity and the external control exercised over it; it was also aimed at understanding the adequacy of the new legislation to the present times and the challenges faced by the controlling body in the search for the realization of a Democratic State of Law under the persective of combating the crime of abuse of authority. It is noted that the advent ofthe new Law of abuse of authority (Law No. 13,869/19), which, in place of Law No. 4,898/1965, carries out 23 new criminal offenses in his body, it was possible to break previously defined limits, especially with regard to police activity. In this way, To better develop the study based on these objectives and apprehend the proposed theme was used, the qualitative method of approach was used so that the complexity of the theme could be analyzed in greater depth. A bibliographic and documentary research was carried out based on materials already published as books, articles and publications to build a broad theoretical framework based on authors such as Nucci (2009), Lessa (2019), Fonseca (2003) and Sabella (2005), as well as to analyze the legislation relevant to the proposed theme. It is noteworthy that, inicially, it is proposed an overview of the law of abuse of authority until the advent of the changes brought by the new legislation, in order to understand its historical development and its conceptual aspects; later, the Work developed and envisioned the relationship between police activity and the crime of abuse of authority, in order to define the Legitimacy for external control of police activity and the assumptions for combating this abusive practice.