Limites e alcance da ação controlada em uma investigação de crime organizado

Abstract

The present work aims to analyze the “controlled action” limits and scope in organized crime investigation. Initially, this paper conducts a study on organized crime, its concept and doctrinal and jurisprudence discussion on that concept, its investigative means according to the Law 9.034/1995 and its characteristics. In a subsequent moment, it analyzes the possible flagrants, specifically “controlled action”, considered an investigative mean, as well as its peculiarities and its forecast in the international context. Finally, it seeks for establish the parameters to be used to solve the conflict in case a crime occurs during the “controlled action”. The solution found, based on the study of the legal interests to be safeguarded by criminal law, was the evaluation of which of them will prevail in this case, according to the principle of proportionality.