THE CRIMINAL LIABILITY OF THE INFILTRATED AGENT WITHIN THE SCOPE OF LAW N. 12,850/2013

Abstract

This article aims to provide an opportunity to explore the complexities and ethical dilemmas involved in the work of the undercover agent within the scope of Law No. 12,850/2013, which deals with criminal organizations. Investigating issues such as the limits of the undercover agent's action, their individual rights during operations and their criminal responsibilities arising from the action carried out during the infiltration process. The infiltration of agents involves significant complexities and has aspects and rules that must be observed in its application, which has several aspects and rules that must be observed when being applied. Law 12.850/13 that deals with Criminal Organizations, in which it is characterized as a procedure to produce evidence, where it can be taken to the procedural records so that the investigated are punished, hence the importance of the figure of the criminal agent infiltrated in the process. The objective of this article is to deal with the criminal responsibility of the agent infiltrated in the fight against organized crime in Brazil, emphasizing the position of this essential figure in the circumstances of criminal investigation, as necessary precepts to extract crucial information to dismantle criminal organizations. The methodology used to carry out this work consists of qualitative analysis, bibliographic review, observation of theoretical references and narratives presented by already researchers on the subject.