Palhano, R. S. (2018) A Discricionariedade e o Direito Policial. Master’s Dissertation- Faculty of Law – Porto University

Published on 18/05/2020

This research aims to investigate the police discretion in the various situations in which the police force can face in concrete cases, analyzing it within the police law that is part of the administrative law and has the purpose of regulating police activity, public safety, fundamental rights and freedom of citizens. The State has in its favor the power of police, an instrument of authority in the mediation of conflicts and prevention, in this way, ensuring public order.Among the characteristics of police power there is the discretion that it is that power must be recognized to the police in the best alternative of action in the decisions in the concrete cases in favor of the society. However, this margin of freedom granted to the administration and to the police is limited by the own ordenamiento legal and principles governing publicadministration and l law. So that there is no abuse and misuse of purpose, we addressed in our research some concrete cases in which the police may face, constituting the discretion a need of the police that needs to react effectively and the legislator foresees all these situations, therefore, the importance of a wider margin of freedom, as a parameter of opportunity and convenience, has been verified, so that the police do their duty and society, thus ensuring peaceand security.

Monte, M. F.& Loureiro, F.N.(2011) “Comentários das Alterações ao Regime da Detenção e Prisão Preventiva da Lei n.º 26/2010, de 30 de Agosto”, in As Alterações de 2010 ao Código Penal e ao Processo Penal do Centro de Estudos Judiciários. Coimbra Editora, Coimbra. 2011. p. 221.

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Relatório "Respeito pelos Direitos Humanos em Portugal" (2018). Amnesty International Portugal

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