Um breve estudo acerca da infiltração policial "presencial" e virtual no combate às organizações criminosas no Brasil

Abstract

The present work aims to analyze the institute of police infiltration ("face-to-face" and virtual), presenting the concepts, attributes and description of the procedure itself, as well as pointing out its relevance in confronting criminal organizations. To this end, we start from an interdisciplinary perspective of criminal, constitutional and procedural criminal law in the search for understanding of the aforementioned institute with regard to the feasibility of its application in the specific case, considering that it is a measure of a singular and, to some extent, invasive nature. It also explores the discussion about the responsibility of the undercover police officer throughout the investigative activity, and what hypotheses can be raised in order to exempt him from any crimes committed. It also makes brief considerations about the prediction of virtual police infiltration in crimes against the sexual freedom of children and adolescents contained in the Statute of the Child and Adolescent (Law 8.069/90). Finally, it is discussed about the potentiality of police infiltration as an intelligence tool capable of contributing to criminal prosecution, especially in crimes in which obtaining evidence is difficult to collect, always valuing proportionality in the application of the measure. As for the methodology adopted, it is a descriptive and exploratory research, whose scope is to seek to familiarize the reader with the definitions concerning the police infiltration and the procedure itself of this technique, although it is still so little explored in the country. Therefore, all this analysis takes place through a qualitative approach through bibliographic review.