1.36 Do âmbito de aplicação do no 46 do parágrafo único do artigo 13 da LDPMESP
Autor | Eliezer Pereira Martins |
Ocupação do Autor | Sócio-administrador da Pereira Martins Advogados Associados. Especialista em direito com pesquisa em direito público |
Páginas | 89-89 |
Page 89
O nº 46 do parágrafo único do artigo 13 da LDPMESP, tipifica como transgressão disciplinar média a conduta consistente em deixar de exibir, estando ou não uniformizado, documento de identidade funcional ou recusar-se a declarar seus dados de identificação quando lhe for exigido por autoridade competente.
A sanção da transgressão aqui considerada somente se aplica para as hipóteses em que a autoridade competente haja exibido, estando ou não uniformizado, documento de identidade funcional ou declarado os dados de sua identificação.
Não haverá transgressão disciplinar na recusa do policial militar em se identificar para autoridade não identificada.
O Decreto nº 13.657, de 9 de novembro de 1943 (Regulamento Disciplinar da Polícia Militar do Estado), norma ab-rogada pela LDPMESP, prestigiava dispositivo análogo no artigo 13...
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