PCMG Delegado de Polícia key terms

Administrative, written, inquisitorial procedure conducted by the police to gather evidence of an infraction and its authorship, serving as the basis for a later criminal charge. It is not a jurisdictional act and does not produce definitive guilt findings.

Formal attribution of authorship of an infraction to a specific person during the police investigation, based on sufficient evidentiary elements. It is an act of the delegate and does not by itself constitute a criminal charge or conviction.

Situation in which a person is caught committing, has just committed, or is pursued or found soon after with instruments or traces of the offense. It authorizes immediate arrest under constitutional and procedural limits.

Hearing in which a detained person is brought before a judge within a short period to verify the legality of the arrest, prevent torture, and decide on release or preventive detention. It is a fundamental rights safeguard.

Provisional detention ordered by a judge during the investigation or trial, based on concrete grounds such as risk to public order, flight, or interference with evidence, and always subject to legal requirements.

Formal accusation filed by the Public Prosecutor's Office before a court, describing the offense, its circumstances, and the accused, thereby initiating the criminal action. It must meet legal requisites or may be rejected.

Criminal accusation filed by the victim or their legal representative in offenses subject to private prosecution, such as certain crimes against honor. It follows formal requirements and a strict filing deadline.

Constitutional and criminal-law rule that no one may be punished except under a prior, written, strict, and certain law defining the offense and its penalty. It forbids retroactive criminal law and analogy in harm.

Correspondence between a concrete human conduct and the abstract description of an offense in criminal law. It is one element of the tripartite analysis of crime, alongside illegality and culpability.

Reproachability of the agent for an unlawful act when he or she was capable, aware of the wrongfulness, and could have acted differently. It excludes liability in cases of incapacity, error, or inexigibility.

Capacity of a person to understand the unlawful character of an act and to determine behavior accordingly, which is required for criminal responsibility. Age and mental health are central criteria.

Condition of a person who, due to mental disorder or incomplete development, lacks the capacity to be held criminally responsible. The law may impose security measures instead of penalties.

Sanction applied to an inimputable or semi-imputable person, aimed at treatment and social protection rather than punishment. It may involve internment or outpatient treatment under judicial supervision.

Constitutional remedy available to anyone suffering or threatened with unlawful violence or coercion in freedom of movement. It may be filed without formalities by any person, including a legal entity.

Constitutional guarantee that no one shall be deprived of liberty or property without a fair, lawful, and adversarial procedure. It includes notice, defense, impartial judge, and reasoned decisions.

Right of parties to be informed of all procedural acts and to respond to them before a decision is made. It ensures balanced participation and is linked to the adversarial nature of proceedings.

Guarantee that the accused may use all lawful means to present arguments and evidence, including technical defense by a lawyer. It applies throughout the criminal process.

Interpretive principle that excludes typicality when the harm caused is minimal and the conduct is socially tolerated, provided objective and subjective criteria are met. It is not applied automatically to all offenses.

Unilateral declaration by public administration producing legal effects, subject to legality, publicity, motivation, and other principles. It may be annulled for illegality or revoked for convenience.

Administrative power to condition or restrict private rights and freedoms in favor of public interest, such as safety, health, and order. It must respect legality and proportionality.

Dishonest or unlawful conduct by a public agent that violates administrative morality, causing loss to the treasury or illicit advantage. It triggers civil and political sanctions under specific legislation.

Objective liability of the State for damages caused by its agents acting in that capacity, based on risk theory. The victim must prove conduct, damage, and causal link; the State may seek recourse against the agent.

Legal entity created by law or contract, distinct from its members, capable of rights and obligations. It may be civil, commercial, or public and may be held liable in civil and, in some cases, criminal spheres.

Judicial mechanism allowing enforcement against the personal assets of partners when the legal entity is misused to defraud creditors or commit abuses. It requires proof of the legal requirements.

Theoretical current that examines crime and punishment as products of social, economic, and power relations, questioning the neutrality of criminal law and the selective operation of the justice system.

Criminological perspective holding that visible disorder and minor infractions, if unaddressed, encourage more serious crime. It supports preventive policing focused on urban order.

Field studying the victim's role, characteristics, and relationship with the offender and the justice system. It informs prevention policies and victim protection.

Documented sequence of procedures for collecting, preserving, transporting, and analyzing physical evidence, ensuring its integrity and traceability from the scene to the court. Breaks may affect evidentiary value.

Area where an infraction occurred and where traces may be found. It must be preserved until expert examination to avoid contamination or loss of evidence.

Technical examination conducted by qualified experts to produce scientific evidence on facts relevant to the investigation, such as cause of death, weapon use, or document authenticity.

Systematic process of collecting, analyzing, and disseminating information to support police decisions and prevent crime, respecting legality and fundamental rights. It differs from mere data storage.

Policing model based on partnership between police and community to identify and solve local safety problems, emphasizing proximity, trust, and prevention rather than purely repressive action.

Constitutional duty of the State, exercised by police bodies, aimed at protecting persons and property and preserving public order. It is a shared responsibility with society.

Conduct defined by environmental law as harmful to the environment, subject to criminal and administrative sanctions. Liability may be independent of civil liability and may reach legal entities.

Administrative act that declares the occurrence of the taxable event and determines the amount due, identifying the taxpayer and the penalty. It may be made ex officio or by declaration.

Right of the State to demand payment of a tax after the taxable event and the corresponding assessment. It may be suspended, extinguished, or excluded under statutory rules.

Form of deductive reasoning in which a conclusion follows necessarily from two premises sharing a middle term. Validity depends on logical form, not on the factual truth of the premises.

Argument that appears valid but contains a logical flaw, such as attacking the person or appealing to emotion. Identifying fallacies is essential to sound reasoning and evidence assessment.