CRIMINAL ORGANIZATION: THE CRIMINAL RESPONSIBILITY OF THE UNDERGROUND OFFICER

Abstract

THE MAIN OBJECTIVE OF THE RESEARCH UNDER ANALYSIS WAS TO RESPOND TO THE PROBLEM, WHICH IS STILL CURRENT, OF CRIMINAL RESPONSIBILITY THAT THE AGENT INFILTRATED IN CRIMINAL ORGANIZATIONS MAY SUFFER FOR THE CRIMES COMMITTED WHILE IN THIS CONDITION. THE WORK TENDS TO DEFINE THE FIELD OF ACTION OF UNDERCOVER POLICE AGENTS AND SEEKS TO STUDY THE FIGURE OF INFILTRATION IN LIGHT OF THE LEGAL AND CRIMINAL RESPONSIBILITY OF THE POLICE OFFICER UNDERCOVER IN CRIMINAL GROUPS, BASING THE ARGUMENTS ON THE BASIS OF LAW NO. 12,850/13 THAT REGULATES CRIMINAL ORGANIZATIONS AND THE CRIMINAL INVESTIGATION IN THE COUNTRY, GOING THROUGH AN ANALYSIS OF THE BEGINNINGS OF THESE ORGANIZED GROUPS AND STARTING WITH THE CRIMINAL RESPONSIBILITY ATTRIBUTED TO THE UNDERCOVER AGENT. THE STUDY'S PROBLEM AIMED TO ANSWER TO WHAT EXTENT POLICE INFILTRATION IS EFFECTIVE, AND WHAT ARE THE CRIMINAL SANCTIONS FOR AGENTS IF THEY COMMIT CRIMES DURING INVESTIGATIONS. THE PRESENT RESEARCH, MOREOVER, HAD AS A GUIDING OBJECTIVE THE PRESENTATION OF THE PURPOSE OF POLICE INFILTRATION IN CRIMINAL GROUPS IN VIEW OF THE ANALYSIS OF THE CRIMINAL RESPONSIBILITY OF THIS INFILTRATED POLICEMAN AS AN ACTIVE SUBJECT OF CRIMES DURING INVESTIGATIONS, ANALYZING THE POSSIBILITY OF EXCLUDING CULPABILITY WHEN POSSIBLE. TO THIS END, THE STUDY USED BIBLIOGRAPHIC AND DOCUMENTARY FOUNDATIONS, HAVING AS MENTORS SPECIALISTS SUCH AS NUCCI (2008), PACHECO (2011) AND OTHERS. IN THE END, THE RESULT OF THE RESEARCH WAS ABLE TO POINT OUT HOW IMPORTANT THE FIGURE OF POLICE INFILTRATION IS AS A WAY OF OBTAINING EVIDENCE IN CRIMINAL ORGANIZATIONS, IN ADDITION TO DISTINGUISHING SITUATIONS IN WHICH THE POLICE OFFICER WILL BE HELD RESPONSIBLE FOR HIS ACTS OR EXTINGUISHED OF RESPONSIBILITY WHEN PRACTICING CRIMES.