A implementação do termo circunstanciado de ocorrência pela Polícia Rodoviária Federal: discricionariedade ou mudança?

Abstract

The Detailed Term of Occurrence (DCO) arises with Law nº 9.099/95, which established the Special Criminal Courts, competent for the prosecution and trial of Infractions of Smaller Offensive Potential (ISOP). Although there are disagreements on the legitimacy of the DCO execution, by agents of the military police and the Federal Highway Police, the mechanism has been used by these organizations as a full cycle police tool. This paper analyzes the implementation of the DCO by the Federal Highway Police, adopting as space cutout the 9th Regional Superintendence, circumscribed to the State of Rio Grande do Sul. Theoretically, the analyzes are based on discussions of the national and foreign literature on the implementation of public policies, with emphasis on the models proposed by Matland (1995), based on the binomial ambiguity-conflict. For the operationalization of this theoretical model, the research was based on a mixed approach, combining content analysis techniques and descriptive statistics (hypothesis test). In this sense, the analysis of the implementation considered two dimensions: one shaped by the historical aspects relevant to the political negotiations and strategies related to the signing of the Agreement of Technical Cooperation between the PRF and the Public Ministry; the other part of the analysis was detailed from 4,273 criminal records filed by federal agents in the period of 2015 and 2016. Such agents, responsible for these records, fall within the concept of "street level bureaucrats" (LIPSKY, 1980), and their discretionary powers are considered in the daily police routine. It has been found that the DCO mechanism is widely accepted in the investigated bureaucracy, with a considerable increase in its employment in most registered criminal offenses. The statistical data and tests generated show that there are no significant deviations in the application of the rule, confirming, also, that police discretion occurs only in a residual way, not compromising the correct use of the mechanism. Finally, it was identified that the most appropriate theoretical model to the analysis of the implementation of the DCO by the Federal Highway Police is the Administrative (MATLAND, 1995), since the scenario is formed by low levels of conflicts and ambiguities, using normative mechanism as the main system of control of bureaucracy. From the empirical point of view, the research mobilizes data restricted to police organizations, extracted from internal information systems, whose unprecedented and comprehensive nature reveals original findings for the field of public security. From a practical and instrumental perspective, it is believed that any defects or inaccuracies regarding the use of the DCO rule can be remedied through the suggestions presented, considering the disaggregated analysis of data.