Judicial control of the term in the measure of infiltration of agents in the investigation of criminal organizations

Abstract

The Criminal Organization Law, Law No. 12.850/13, provides for a series of measures to combat criminal organizations, conceptualizing what is meant by the term that has several legal implications, in addition to stipulating the instrument of agent infiltration as a of these measures. When considering that the law provides the guidelines that authorize the use of this measure, the question arose about the temporal limitation that the infiltration of agents has beyond what is foreseen indefinitely in the legislation, so that it is based on this question that delimited or defined the research problem that can be identified in this way: is there a limitation on the legally foreseen period for the measure of infiltration of agents within the scope of investigations of criminal organizations? The objective of the research was to seek the existence of a maximum duration of the measure, as the law provides for the possibility of renewals without limiting anything in this sense. The methodology used was an exploratory bibliographic review. The conclusion is that the magistrate, when asked to renew the previously authorized measure, must base his judgment on the criteria of adequacy, necessity, proportionality and reasonableness in a constitutional matrix of criminal proceedings, thus leaving, when observing these principle criteria , of any violation of substantial due process of law.