Proposed Standard Operating Procedure for death by police intervention

Abstract

This paper seeks to demonstrate, in general lines and based on Brazilian legislation, the analysis of the procedures that should be adopted by the police garrison that faces an uncooperative lawbreaker, making it necessary to use force to stop the current or imminent lethal aggression, culminating in the death of the offender(doctrinally known as death by police intervention). This theme is of great relevance in both the professional and social spheres, since it encourages contextualized discussions about the conduct to be adopted by police officers in situations that demand confrontation with lawbreakers. Police officers act, in this situation, based on a legal principle known as “exclusion of illegality” that requires factual subsidies to consolidate the thesis. The objective of this work is to standardize procedures and qualify the police force, safeguarding the police garrison and, consequently, the image of the Institution. Initially, contextualizing, this paper demonstrates the relationship between police power and our Brazilian administrative law. In a second moment, in addition to the bibliographical research, a form was applied to a group ofmilitary personnel who could have their view on the subject. Thus, standard operational procedure is defined, materializing the use of police power, its importance and function in decision-making and improvement of processes, in the institution. Next, it clarifies some points regarding the use of lethal force, presenting, at the end, the conclusive product of the work.