LIMITS OF EVIDENCE PRODUCTION: POLICE INFILTRATION IN CRIMINAL ORGANIZATIONS

Abstract

This article aims to analyze the limits of evidence production through the technique of police infiltration in criminal organizations, in light of Law No. 12.850/2013, which instituted new investigative instruments in the fight against organized crime in Brazil. The study initially examines the importance of evidence in criminal proceedings, highlighting the constitutional principles governing the admissibility of evidence, especially the prohibition of illicit evidence. Then, it analyzes the legal concept of criminal organization and the investigative mechanisms provided for in Brazilian legislation, with special attention to the infiltration of police agents. This work also addresses the legal limits of the undercover agent's actions, discussing the possibility of illicit acts within the context of the investigation and the agent's potential criminal liability. The research was conducted through a qualitative literature review, using Brazilian doctrine, legislation, and jurisprudence. It concludes that police infiltration is an important investigative tool, but it must be applied within strict legal and constitutional limits to avoid violations of fundamental rights and guarantee the legitimacy of the evidence produced.