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Generally, the first jurisdiction to have access to the crime is the Police Delegate, who is vested with assignments that require cautious action against the fundamental right to freedom of the human person. Thus, the purpose of this literature review is to reflect on the judicial capacity of the Chief of Police to judge the possibility of applying the exclusions of antijuridicidad by virtue of the performance of their work, as well as their action in the criminal prosecution, through the methodology deductive research. It was verified that the doctrine studious of the subject is not unanimous, since there is current that considers such attribution prohibited to the police authority, nevertheless, the study showed that it is more correct the understanding according to which the police delegate should be given the possibility of deliberation about the presence or not of circumstances that exclude the illegality of the fact, this because the current Federal Constitution reflects the return of the Democratic State of Law, with a strong appreciation for respect for human rights, especially the right to freedom.

Figura do delegado de polícia e o primeiro juízo da tipicidade penal do fato