A operação de infiltração policial na organização criminosa: uma análise da responsabilidade penal e dos limites de atuação do agente infiltrado

Abstract

The aim of this study is to analyze the criminal liability and the limits of undercover agents' actions in criminal organizations considering Law 12.850/13 and brazilian doctrines. For this purpose, in the first chapter, general aspects of criminal organizations will be presented, addressing, especially, its definition, characteristics, historical origin and organized crime in Brazil. The second chapter was intended for an introductory notion about the operation of police infiltration in the criminal organization, covering mainly its relationship with Law 12.850/13, the phases of police infiltration, as well as the modalities and species of infiltration adopted in Brazil. The third chapter focuses on the undercover agent itself in the criminal organization, bringing its legitimacy, rights and duties, differences between the undercover agent and the agent provocateur, and the undercover agent as a witness in criminal proceedings. Finally, the fourth and fifth chapters are aimed at analyzing the subject of this work, which is the limits of action and criminal liability of the undercover agent within the criminal organization, explaining the ethical, legal and constitutional limits of the police officer's action, the limits for obtaining evidence, the hypothesis of crimes committed in order to gain the trust of the organization and the cases in which the agent will be exempt from criminal liability