A viabilidade da infiltração e a responsabilidade penal do agente infiltrado no combate ao crime organizado.

Abstract

The organized crime isn't a phenomenon of the current development how a lot of people think, it have been evolving from some centuries until get together with the progress rate today existent. Answering this, brazilian government had promulgated the Law number 9.034, from May 03, 1995, that which insert on brazilian juridical ordenment the agent infiltration technique how a tool of combat. Through methods exegetic-legal, historical and comparative literature and research that was the analysis of the doctrine, jurisprudence and articles available on the Internet, objectify will think critically about the effectiveness of investigative measures, particularly the infiltration of agents, brought about by the act as it stands today is determined by the government. The protection and penal responsibility of the agent, the requirement to have infiltration and its limits have been criticized by the legislative power. Casual responsabilities should be resolved on the ground of the Delict's theory, foreseen in Criminal Code - General Part. To give effectivity and legality to controlled action, the juridical ordainment forbids the utilization of preparated flagrant, so boms there requirement of differ infiltrated agent and challenger agent. Infiltrated agent can be qualified as witness in the process that he had participated. Proofs taken by him and his attestation are authentic and can be used to instruct constabulary investigation and juridical action, since observed necessity of previous judicial authorization and proportional principle. This advanced investigative action borned to aim an effectiveness to controlled action - that consist in analisis of authorities action better moment to break criminal organization. However, this action have been sacrificed by the absence of prevention public politics like education, social inclusion, work, health, emerging, under criminologic approach and criminal politics, the discussion about its practicability, with intention to give effectiveness to infiltration and define guidelines to an incisive combat of organizated criminality on Brazil.