The drafting of the detailed term of occurrence by the military police: analysis of (i)legality and efficiency

Nowadays, the drawing up of the Circumstantial Term of Occurrence - TCO - by the Ostensive Police has gained prominence, mainly, regarding its legal and even technical competence for this. In 1995, the Law that regulates the Special Courts was created, being defined by it that the police authority is the one who should make the TCO in cases of infractions with less offensive potential. This article has as main objective, to analyze the legal competence of the Military Police, as a police authority, for the drafting of the respective term, as well as to verify if the work done by the Military Police is covered with effectiveness and efficiency. After analysis, it can be concluded that, with the drawing up of the TCO by the Ostensive Police, the service provided to the citizen became more agile, with a more effective response, in addition to improving the working conditions of the policemen themselves, who have received , also, specific training to carry out the detailed term. On the other hand, this fact has guaranteed the application of constitutional principles and those provided for in Law 9,099 / 95 itself, such as speed. However, it is noticeable that there are doctrinal differences regarding the concept of police authority, in which it is argued that military police officers do not fit this list of authorities. Despite this, the execution of the TCO by the Military Police is of the utmost importance. The methodology used was the theoretical analysis of the Law of Special Courts, its principles, the concept of police authority, as well as the competences of the Military Police, in addition to analysis of concrete data, which prove its effectiveness and efficiency.