blatant refers to what is visa, registered or observed at the moment it is taking place, in a surprising and undeniable way, due to the presence of witnesses.
The flagrant is configured when a given situation is witnessed by third parties, usually by people who should not be aware of this event. Example: "The woman was caught in the act in bed with her lover by her husband" or "The girl was accused in the act by her brother for missing classes".
The use of the term "flagrant" is very common in crime cases, when criminals are arrested by police forces at the exact moment they are committing the offense. Example: "The robbers were arrested in the act".
Usually, when a situation happens in the act, this act becomes undeniable, evident and notorious, due to the presence of eyewitnesses, who will deny any attempt to contest the accused.
The word flagrant can still mean something that is invigorated or excited, in a heated, burning, thrilling, or inflamed sense.
arrest in the act
An arrest in flagrante is configured, according to the article
302 of the Brazilian Criminal Procedure Code, when the individual who committed or is committing the criminal action is pursued and captured by the authorities, the victim or any other person.When someone is apprehended with weapons or other utensils that prove the execution of a recently committed crime, they can also be considered arrested in the act.
Types of blatant
There are several types of flagrant acts provided for by law.
- flagrant proper: when the criminal is caught while still committing the crime;
- blatantly inappropriate: when the criminal is caught shortly after committing the crime;
- blatantly presumed: when an individual is located and instruments are found in his possession that suggest that he was responsible for a certain crime;
- blatant provoked: when someone provokes an individual to commit a crime, while taking steps to make its consummation impossible. It is thus configured as an "impossible crime";
- blatant expected: happens when police authorities are previously informed about the possibility of occurrence of a crime, preparing and waiting for them to arrest the criminal agent in the act of consummation;
- flagrant forged: is configured when someone creates or deploys false evidence in order to incriminate. It is considered a type of flagrant illegal. An example of a trumped-up act is when a police officer places drugs in someone's luggage, accusing them of drug trafficking and arresting them in the act.