Processo penal garantista: infiltração de agentes e colaboração premiada

Abstract

This thesis aims to examine organized crime and the mechanisms available for its effective confrontation. It has been noted that organized crime is influenced by globalization and elements of the risk society. Furthermore, it depicts quite different features from ordinary crime, which is why it is necessary to have special arrangements to cope with it. In this context, Palermo Convention is of particular relevance for it guides Member States on the concept of organized crime and presents tools for confronting it, named special investigative techniques. Considering the evolution of organized crime, several legitimating discourses emerged aimed at fostering more repressive actions from the State. In this investigation, we analyze the 'Criminal Law of the Enemy' and conclude that it is not feasible to have it applied in Brazil. Then, the thesis evaluates security as a fundamental right. Based on that interpretation, the State would be entitled to adopt stricter laws, applying the principle of proportionality, through the prohibition of both flawed protection and excess. The constitutional principles related to the production of criminal evidence are analyzed, mentioning why special investigative techniques must obey them. They are: telephone interception and telematics, controlled action and the capture of electromagnetic signals, all from the perspective of the binomial efficiency and guarantee; police infiltration and plea bargain were investigated individually. The conclusion is that they are extremely effective tools for fighting organized crime although, because of their particularities, they should only be used exceptionally and under judicial control. The thesis advocates expanding the use of plea bargain, without interrupting the practice of crimes, with its application being analogous to the police infiltration procedure