The legitimate putative defense for the military policeman

Authors

Bruna Mendes de Sousa

Keywords:

putative self-defense, military police, applicability

Synopsis

This course conclusion work deals with the putative legítimate defense of military police, aiming to analyze whether the military police officer on duty who fires a shot at an individual in possession of a firearm simulacrum can be protected by legítimate defense putative. The discussion takes place for two reasons, the first is the fact that the simulacrum does not generate danger, so there is no need to speak of self-defense, and with that the response of the police officer would be considered disproportionate, excessive; the second is based on the mystique that the military police should know how to distinguish real weapons from fake ones, therefore they should not shoot. The methodology used will be qualitative, through exploratory research seeking to fill the gaps that arise during the work, analyzing specific cases for a better understanding of the theme. As a result of the research, it was possible to prove that the framing of putative self-defense to the active military police officer 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 oneself or being shot at is short and knowing how to differentiate a real weapon from a replica during a real situation of possible danger is beside the point when it comes to lives.

References

SOUSA, Bruna Mendes de. A legítima defesa putativa para o policial militar. 2021. 55f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 14, 2021