Lei de organização criminosa: a responsabilidade penal do agente infiltrado.

Abstract

The present monograph presents an analysis of the Criminal Responsibility of the Infiltrated Police Agent within a Criminal Organization, which is in permanent contact with the crimes practiced within the Criminal Organizations, reaching the agent to sometimes commit some criminal offenses. The legal problem is that the police commit crimes in the name of utilitarian ends justify the means, because the crime of the police will be forgiven because it is being monitored, but the crime of one is no less a crime than that of another, a member of the Criminal Organization. . An ethical problem, because the policeman may at a certain moment like what he is doing, committing crimes together with the Criminal Organization, and then he becomes a common policeman again and can no longer practice as compliant conduct. It would be reasonable for the State to practice immoral and even capitulated conduct as a crime. So we have a policeman practicing crimes supported by an exclusion of guilt, which is a really controversial situation if it would be reasonable, fighting crime through crimes, excess is not the legal problem, even because the agent will act for him if there is no answer with proportionality, but the great legal problem is the possible crimes that the police can practice during police infiltration, legally authorized. For that, it will be necessary to debate and the old laws of the criminal organization, considering that they have not yet detailed the theme. Specifically, when we enter the new criminal organization law Law No. 12,850 / 2013 we will see how the topic has been addressed.