UNDERCOVER AGENT: AN ANALYSIS OF THE JURISPRUDENTIAL UNDERSTANDINGS OF THE STJ BETWEEN 2009 AND 2024

Abstract

Objective: This work aimed to understand the understandings present in the jurisprudence of the Superior Court of Justice on the practical application of the institute of infiltration of agents in Brazilian law. Methodology: To this end, the study was characterized as a descriptive research, with a quantitative and qualitative approach, which materialized a documentary research that enabled a legal and content analysis of 30 judgments handed down between the years 2009 and 2024, regarding the theme. Results: As a result, in addition to jurimetric information that allowed the glimpse of temporal aspects of the decisions and the survey of brief hypotheses about the application of the law of criminal organizations and the performance of the panels and sections of the STJ, it was found that the court consolidated understandings around: a) the practical application of the institute of infiltration of agents; b) on the jurisdictional limits of the analysis of the validity of the evidence produced by the infiltration of agents; c) regarding the validity and possibilities of use of the institute of infiltration of agents; and, d) on the use of the institute of the infiltrated agent in the face of the possibility of producing other means of evidence. Conclusions: The study presented a relevant compendium of understandings that contributes to the understanding of the institute and practical application by security agencies and the judicial system.