Infiltração policial no contexto das organizações criminosas: aspectos processuais, procedimentais e conformidade constitucional

Abstract

This paper analyzes undercover policing as a means of obtaining evidence in the context of criminal organizations, investigating its constitutional compliance and procedural aspects. The research aims to analyze the legal aspects and limits of this investigative technique, regulated in Brazil by Law No. 12.850/13, in the light of the fundamental rights enshrined in the Constitution of the Federative Republic of Brazil of 1988 and the principles of the Democratic Rule of Law. To this end, a qualitative methodology was adopted, with literature review, jurisprudential analysis and examination of the relevant legislation, including international instruments such as the Palermo Convention. Initially, the study looks at organized crime, highlighting its origin, evolution and main characteristics. It then explores undercover policing, covering its historical evolution, concept, legal nature and modalities, as well as requirements and procedural aspects provided for in Brazilian legislation. Finally, it analyzes the constitutional compliance of this measure, with emphasis on the theory of fundamental rights and the principle of proportionality, analyzing rulings of the superior courts. The conclusion is that police infiltration, when applied following the established legal requirements, is a constitutional and extremely important tool in the fight against organized crime, in line with the values of the Democratic Rule of Law.