Hacking e a colocação de links maliciosos pelo agente policial infiltrado na investigação de organizações criminosas

Abstract

The present study seeks to answer the existence of legality in hacking and the placement of malicious links by police agents infiltrated in the investigation of criminal organizations. To achieve this, firstly, the concept of criminal organization, defined by Law n.º 12,850/2013, is worked on, investigating previous legislation that dealt with this concept. Subsequently, the study examines the main forms of combating organized crime in Brazil, delving deeper into the institute of the virtual undercover agent, with the purpose of obtaining evidence in the criminal investigation. Finally, it examines whether there is legality in police hacking and the placement of malicious links by the infiltrated agent, studying which fundamental rights of the person being investigated are affected by such an institute. The research used the deductive method, theoretical type, qualitative approach to data and primary sources of Law n.º 12,850/2013 and secondary sources: scientific research on Law and legal works. It concluded that there is legality in police hacking and the placement of malicious links by undercover agents investigating criminal organizations.