Infiltração de agentes no sistema jurídico brasileiro: análise histórica e evolução normativa

Abstract

The chosen topic for the current research and thesis can be summarized as the study of undercover agents as a specialized investigative technique. In this study, we will initially analyze the emergence of undercover agents as a special investigative technique, conducting a brief historical analysis of its historical origins in France during the Ancien Régime, with an emphasis on its extensive use by the United States of America before its adoption in our legal system and its subsequent updates. We will also demonstrate the significance of this technique in investigating and combating organized crime, as it provides an extraordinary means of investigating increasingly sophisticated and developed forms of criminality, given the ineffectiveness of traditional investigative techniques. Following this, a doctrinal study will be conducted regarding the legal provisions for this technique in our legal system, the process of requesting undercover operations, the legitimacy, key moments, and requirements. After providing historical and theoretical context, we will delve into the main topic of this work, examining the presence and evolution of undercover operations in our legal system, how the infiltration is carried out, the time frames and reporting, termination, the rights of the undercover agent, the stages of the infiltration process, civil and criminal liability of the undercover agent, the method of virtual infiltration, as provided by the new Law No. 13.441/2017, and finally, the issues surrounding the use of this technique in our country