Os limites materiais da infiltração virtual de agentes policiais: a responsabilidade penal do agente infiltrado virtual

Abstract

With the spread of technology in all classes and social strata, the virtual medium has become increasingly used to commit crimes against the sexual dignity of children and adolescents. Even with the existence of constitutional and legal provisions designed specifically to protect this most vulnerable part of society, the techniques used by criminal agents are increasingly ingenious, and the elucidation of such crimes is increasingly complex. In 2017, Law 13.441 / 2017 was approved, which amended the Statute of the Child and Adolescent, including the figure of the agent infiltrated in the virtual environment as an extraordinary technique applicable in the investigation of crimes against juvenile sexual dignity. The present work is dedicated to the analysis this new institute, which leads us to some questions about the legal limits of virtual infiltration. From the analysis of the rule provided by Law 13.441 / 2017, it will be verified what the law provides about the exclusion of liability of infiltrated agents who in the course of the measure, commit crimes inherent to virtual infiltration, respecting the proportionality and the provisions of judicial authorization.