The putative legitimate defense for the military police

Authors

Thiago Antunes Matoso

Keywords:

applicability, putative self-defense, military police

Synopsis

This course conclusion work deals with the putative self-defense of military police officers, with the objective of analyzing whether the military police officer on duty who shoots an individual in possession of a firearm simulacrum can be protected by self-defense. putative. The discussion takes place for two reasons, the first is the fact that the simulacrum does not create danger, so there is no need to speak of self-defense and with that the police's response would be considered disproportionate, excessive; the second is based on the mystique that the military police officer should know how to distinguish between real and fake weapons, therefore he should not shoot. The methodology used will be qualitative, through exploratory research seeking to fill the gaps that arise during the work, analyzing concrete cases for a better understanding of the topic. As a result of the research, it was possible to prove that the framing of the putative self-defense to the active military police is possible since it would not be possible to expect a different answer considering all the variables present at the time of the fact; the reaction between deciding to defend or be shot is short and knowing how to differentiate a real weapon from a replica during a real situation of possible danger is not the case when it comes to lives.

References

MATOSO, Thiago Antunes. A légitima defesa putativa para o policial militar. 2021. 56f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 15, 2021