A Infiltração Policial como Técnica de Investigação no Combate às Organizações Criminosas

• Autor(a) principal: Borba, Gustavo Fernandes Mota
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFU
• Texto Completo: https://repositorio.ufu.br/handle/123456789/22012
• topic: Crime Organizado; Agente Infiltrado; Lei n. 12.850/13; Meios de Prova; Investigação; Organized Crime; Undercover Agent; Law no. 12,850/13; Means of Proof; Investigation; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL

The fight against criminal organizations has been widely debated in our legal system. Our authorities seek adequate solutions to address this issue which is one of the biggest problems of our globalized world. Police infiltration, provided by Law no. 12.850/13 is an important way of obtaining evidence in the fight against criminal organizations. The main objective of this study is to analyze the limits of the application and effectiveness of the police infiltration institute, in light of the Brazilian legal system. To do so, the research method will be the hypothetical deductive, starting with general and comprehensive considerations, aiming to specify the questions concerning what is relevant to the definition of limitations and the practical implications of the technique of police infiltration. With a view to achieving this objective, it is based on the historical evolution of criminal organizations. In the second chapter a history of the Brazilian legislation on the subject is made, with emphasis on the Law of Criminal Organizations. The institute of the undercover agent, its concepts and characteristics, as well as its use in other countries, will also be studied. Finally, will be made an analysis of the limits and requirements for the agent's performance. It is concluded that, although there is no exact determination of the limits of its performance, the application of the institute of the undercover agent is based on the principles of legality, exceptionality of the measure, proportionality and rigid judicial control, in order to avoid excesses, as well as to preserve the fundamental rights and guarantees of those investigated.