A COMPETÊNCIA DA POLÍCIA MILITAR PARA A LAVRATURA DO TERMO CIRCUNSTANCIADO DE OCORRÊNCIA: FUNDAMENTOS CONSTITUCIONAIS, LEGAIS, DOUTRINÁRIOS E BENEFÍCIOS INSTITUCIONAIS

This article examines the legal and constitutional feasibility of the Military Police issuing the Summary Police Report (Termo Circunstanciado de Ocorrência – TCO) within the Brazilian legal system, based on statutory law, legal doctrine, and consolidated case law from higher courts. Starting from the classical distinction between administrative police and judicial police, the study adopts a contemporary and functional interpretation of these categories, recognizing the gradual relativization of rigid institutional boundaries in light of the principles of efficiency, celerity, and effectiveness in public security. The analysis demonstrates that the TCO has a merely informative, non-investigative nature and is intended for the simplified recording of minor criminal offenses, as established by Law No. 9,099/1995. In this context, the article argues that an expanded interpretation of the concept of “police authority” is consistent with the Federal Constitution and with the guiding principles of Public Administration. The research further shows that the Military Police’s role in issuing the TCO does not constitute an encroachment upon the exclusive functions of the judicial police, being expressly supported by precedents of the Federal Supreme Court and the Superior Court of Justice. Finally, the study highlights the institutional and social benefits of this practice, including improved access to justice, optimization of public resources, and enhanced efficiency of the criminal justice system, particularly in regions with limited structural capacity.