Infiltração virtual de agentes policiais: análise da modalidade investigativa e a possibilidade de extensão de sua utilização para a apuração de outros crimes praticados na internet

Abstract

The scenario that the world has been going through in the face of debates about the internet and globalization and the consequent progression of criminal practices in a cyber environment has greatly influenced the need for the Public Power to adapt with regard to the existing investigative means for the combat these practices. In view of this, the present monograph, using as a basis the legislation and doctrinal and jurisprudential understandings on the subject, through predominantly qualitative research, aims to analyze the special criminal investigation technique called virtual infiltration of police agents, expressly provided for into Brazilian legislation with the advent, initially, of Law 13,441/2017, to investigate crimes involving the sexual dignity of children and adolescents, and later inserted into the laws on criminal organizations (Law 12,850/2013) and crimes related to money laundering ( Law 9,613/1998), pointing out its scope of incidence in criminal investigation, the requirements for its proper application, the comparison with other similar investigation techniques, the debate about operations in which the technique was used, as well as exposing arguments that enable a compliance analysis regarding a possible expansion of its use for the investigation of crimes other than those expressly covered by law.