Infiltration of police officers

the use of ilicit, typicity and culpability exclusion

Abstract

In the last years, with the advances in the mechanisms of obtaining evidence in criminal organizations, much has been discussed about the limits of action of police officers, especially in the area of police infiltration. It is a fact that although there is a specific legislation on the subject (Law 12.850 / 2013) there is still a series of discussions about the punishable conduct of the agent and the use of anti-juridical exclusion. In this context, the purpose of this article is to analyze how the exclusionists of unlawfulness, typicality and guilt can be used to justify the crimes or crimes committed by infiltrated police officers for the success of the investigations. From a literature review, it was evident that the crimes committed by undercover agents must be rigorously and cautiously evaluated, given that the current legislation does not specifically address the exceptions to be taken into account in the course of the proceedings. investigative actions.