Banca de QUALIFICAÇÃO: ROMILDSON FARIAS UCHOA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ROMILDSON FARIAS UCHOA
DATE: 20/03/2024
TIME: 17:30
LOCAL: Ambiente virtual
TITLE:

SPECIAL INVESTIGATION TECHNIQUES REGARDING CRIMES COMMITTED BY CRIMINAL ORGANIZATIONS: INFILTRATION, CONTROLLED ACTION, AND EXTENDED ASSET SEIZURE

KEY WORDS:

Criminal factions; Police infiltration; Controlled action; Investigation; Extended confiscation.

PAGES: 351
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The dissertation delas with the theme of investigation, the preliminar phase of criminal prosecution, applied to criminal factions, regarding the application of special techiques of infiltration and controlled action, typical instruments of confrontation with criminal organizations. Criminal investigative activity has a formal constitutional basis, as well as a finalistic or efficient one, resulting from the objective dimension of fundamental rights, wich are anchored in Articles 5, 6, 37 and 144 of the Constitution. In this context, there is a need to reconcile the duty of protection, accompanied by efficiency, in the provision of public security, with the individual guarantees of the citizen. This results in a series of legal limitations to the aforementioned techniques, in addition to the physical and practical limits themselves, such as the risk to the lives of the undercover police officers and the ethical and legal limits of their actions, in the context of societas sceleris. Such species of criminal organizations constitutes a typically Brazilian criminal arrangement, but with similar ones at the international level. Specifically, the research aims to propose changes not Only in legislation, but also in methodologies and work strategies in the pursuit of these organizations. For this, it is necessary, preliminarily, to analyze and describe the business model and organization of the factions. The present study is justified by the difficulties and obstacles, the deficient application of techniques and the need to respond to growing insecurity and violence. Alongside the aforementioned tools, there is another with great functionality, which is extended confiscation, a type of asset constriction, enshrined in article 91-A of the Penal Code, with wording of Law No. 13,964, of 2019, still little used. Therefore, the hypothesis is supported that it can serve both as a strategy and as a legal basis for the application of the techniques initially mentioned and, as a rule, limiting fundamental rights. The objectives of this study are, in general, to describe the way in which the techniques have been applied, with a critical view on the subject, combined with the view of how criminal factions have been investigated, which, a priori, has been carried out in a still precarious way. The research was elaborated based on the hypothetical-deductive method, through bibliographic and documentary review and, in certain situations, it was necessary to resort to the inductive method, when studying cases, mainly through the analysis of judicial decisions and jurisprudence. The conclusions are that: the persecution has not been directed directly at the factions, but, in most cases, at members, nuclei or specific crimes of these groups, indicating a lack of standardized methodology; the initiaton of inquiries between the most diverse circumscriptions reveal rework or absence of investigations in many territorial bases where such criminal organizations are present; infiltration is little used due to its intrinsic limitations and controlled action is used in generic terms, without police and judicial standardization. The techniques, combined with extended confiscation, can establish a feasible methodology, directing the infiltration to activities in which the police officer does not need to commit violent material acts, nor is he urged to do so, since he will assume a logistical and/or professional launderer profile, creating a controllable environment, operationally and legally, which can prioritize the identification of assets and the consequent financial asphyxiation of groups and people of outstanding importance in criminal factions.

COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR