A Lei n°12.805/13 de combate ao crime organizado: uma análise sobre a infiltração do agente policial nas organizações criminosas.

Abstract

The police infiltration of criminal organizations is one way to combat organized crime, which has support in the Law No. 12.850, of August 2, 2013 This is a technique focused on investigative action, through which the police can take knowledge about the illegal actions taken in drug trafficking, obtaining the information necessary to curb the activities of these organizations. This practice is an investigative tool widely used in many countries. However, not everyone has such positive practice. In the specific case of Brazil, even though police infiltration as research and training procedure of proof, has been discussed for more than two decades, was only positively valued in the mid-1990s, through Law No. 9034/1995. The undercover agent must observe the limit set for its performance. Thus, any conduct that move away from the purpose of research, leads the agent to answer for his action. However, the law does not punish the criminal action filed by the agent in the course of investigation when diverse unenforceable conduct. Only in this case, the guilt will be deleted. Through the development of this research it was found that Law No. 12,850 / 2013 to regulate the practice of police infiltration of criminal organizations, establishes punishments for the undercover agent [that should be a police officer], with regard to the possible commission of some criminal act during infiltration. And, the most serious question raised by many scholars about the infiltration of police officer in criminal organizations, with regard to violations of human rights, not to preserve the dignity of the undercover agent, while human person. Thus, it would be beneficial that the State take another way of combating organized crime.