OBTAINING EVIDENCE THROUGH AGENT INFILTRATION IN BRAZILIAN CRIMINAL PROCEDURE

Abstract

This article aims to analyze the criminal evidence method called infiltration of agents, which is widely used in Brazilian law, although it is rarely applied in practice due to its limited procedural regulation. The necessary distinction between a revealing agent and an infiltrated agent was sought. The methodology used focused on a qualitative, legal-dogmatic approach, prioritizing bibliographic research, legislative analysis—especially of Law 12.850/2013—and the examination of selected case law, emphasizing Supreme Federal Court rulings and dominant interpretations from the Higher Courts. The research summary indicates that there is still some resistance in the Brazilian legal system toward the figure of the infiltrated agent, largely due to confusion with staged or provoked arrests. The conclusion, therefore, is that there are concrete barriers to the full development of the infiltrated agent in Brazil.