A validade da flagrância produzida por infiltração policial virtual nos crimes sexuais praticados contra crianças e adolescentes

Abstract

The research seeks to establish an analysis about the production and validity of the evidence that generates flagrant situations, produced by police agents virtually infiltrated, in virtual sexual crimes committed against children and adolescents, in Brazil. The theme is controversial and considered novelty and arose from a practice that is also contemporary, that is, the realization of crimes, through virtual media. If the criminal advances and commits crimes in the internet space, the evidence to be produced to incriminate such conduct must also accompany the facilities of virtual communication. This type of investigation generates doubts and discussions, both in the field of doctrine and in Brazilian jurisprudence. In order to achieve the objective, the study is divided as follows: initially, notions of the presence of police infiltration technique, origin, concept and legal nature of the institute are presented, looking for definitions, as well as the agreement and divergence among the doctrinators about infiltration, and the limits and requirements of police infiltration. Police infiltration is addressed in Law No. 12.850/13. In the sequence, the use of police infiltration in sexual crimes against children and adolescents is discussed, its operation in Law No. 13.441/17, which inserts the investigation technique, to combat child and youth pornography, in the Child and Adolescent Statute, as well as its methods and admissibility. Right afterwards, the activity of the infiltration of police agents is virtually analyzed, introduced in Brazil by Laws 11.343/06, 12.850/13 and 13.441/17, as well as their requirements and the procedures for obtaining evidence in their application. Finally, the issue of flagrant arrest derived from virtual police infiltration, its legal nature and definition, and the flagrant illicit preparation generated by the addiction of the will is addressed. It also covers Precedent No. 145 of the Supreme Federal Court, which deals with the impossible crime due to the flagrante delicto prepared and, finally, it explains about the problem of the present study, how can the evidence be validated and, therefore, to remove the flagrante delicto prepared by the method of investigating the infiltration of virtual agents. For this, the technique of bibliographic and documentary research is used, through the inductive method and, with regard to the procedure, the analytical-descriptive method was used.