A investigação do crime organizado no Brasil: um estudo do instituto da infiltração policial e suas especificidades.

Abstract

Police infiltration into criminal organizations is one of the special investigative techniques in the fight against organized crime. Regulated in the Brazilian legal system, police infiltration aims to gather information about the composition and functioning of criminal organizations, so that it is possible for the State to combat the performance of these organizations. For its effectiveness, this is a widely used investigation tool in several countries, despite of the lack of legal regulation. Thus, the question is: has police infiltration, in cases of criminal organizations, been demonstrated necessary and adequate to the investigative procedure in the Brazilian legal system? As a hypothesis, considering the difficulty of empirical research in relation to the confidentiality of the subject, it is understood as partially adequate, considering the legal binomial need / possibilities and structural possibilities for the effective investigation, prosecution and punishment of organized crime in Brazil. The general objective of the research is to analyze the applicability of police infiltration in cases of organized crime in the legal order of the country. Specific objectives are: to study doctrinally criminal organizations and the investigation procedure that is directed to them by the norm; Identify legal and doctrinal infiltration as an investigative technique; To examine the police infiltration in the theoretical context of comparative law, constitutional law and the guarantor theory, and proceed to a brief pragmatic analysis from reports of concrete cases already studied scientifically. For that, the method of deductive approach, method of systemic procedure, assisted by the comparative is used, such as the technique of bibliographic research. It is possible to observe that in Brazil, problems such as lack of infrastructure and systematic training of agents leave the police responsible for investigative operations, especially in cases where police infiltration is used in criminal organizations in a situation of dangerous vulnerability; For this reason, it is evident that there is still a long way to go in the operational part of the institute, even if it recognizes significant advances in the country's legislation in this area.