Agente infiltrado: garantir ou punir (a dupla face do princípio da proporcionalidade)

Abstract

This paper aims to study the new Law 12,850/13 which defined criminal organization and regulated extraordinary means of obtaining evidence to combat them. In particular, it will be analyzed the evidence titled as undercover agent and their reflections generated in the fundamental rights of the investigated and citizens not involved in the criminal enterprise. Still, be dealt with criminal liability of the undercover agent, referring to crimes committed under police investigation. Thus, the study aims to investigate the infiltration of agents is a means manifestly unconstitutional by drastically hurt the fundamental rights of liberal scale, for example, the right to life, the right not to produce evidence against himself, the right intimacy and privacy. In the most, shall be observed to infiltration of agents have the power to tarnish the constitutional principle of morality. Or, on the other hand, the infiltration of agents is a suitable means to combat criminal organizations of high social dangerousness that cause serious damage to various legal interests, and must therefore prevail the need to jus efficiency puniendi. Therefore, there will be a dialectical study of what part of the doctrine -called criminal garantismo dimensional/ monocular/ hyperbolic with criminal garantismo said "integral". Thus, the research was based on the examination of the double face of the principle of proportionality: Prohibition of excessive measures by the state and the prohibition of poor protection.