THE POSSIBILITY OF STANDARDIZING THE PRELIMINARY SUMMARY INVESTIGATION IN THE MILITARY POLICE OF PARANÁ

Abstract

The main purpose of this dissertation is to demonstrate the possibility for the Military Police of Parana to employ, through standardization, the administrative procedures regulated by the Federal Government after the new law on Abuse of Authority, law nº 13.869/2019, the preliminary investigation, as a way of investigating the large number of unfounded accusations of military crimes and misdemeanors, especially after the establishment of the well-known custody hearing. This article is based on the prohibition of the articles 27 and 30 of the Abuse of Authority law, which criminalizes behaviors related to the opening and progression of criminal processes and procedures as well as criminal, civil and administrative prosecution without evidence or plausible reasons. In addition, it has been pointed out the possible violations of constitutional principles, associated with the negative impact of the excessive number of criminal processes and investigative procedures such as psychological suppression of military officers, lack of motivation to fight crimes, and also the work overload imposed on commanders in chief and graduates, who stop carrying out their tasks - which are important for the population – to conduct procedures and processes without solid evidence. Furthermore, it has been highlighted the efficiency of the IPS showing that Federal and State departments are already using this tool, for instance, 83% of the cases in the Federal Highway Police have been dismissed.