Notions about online infiltration in the brazilian criminal procedure: an analysis from the study of Luís Greco

Abstract

This study aims to explore the complexities of online infiltration within the Brazilian criminal process, addressing its ethical and legal implications through the perspective of Luís Greco’s study of the German experience. The objective is to assess the need for a regulatory framework that reconciles investigative effectiveness with the safeguarding of fundamental rights in the context of increasing digitalization. The methodology used is deductive, through bibliographical review, with a comparative approach, the article analyzes how German legislation, especially § 100b StPO, regulates online infiltration, emphasizing strict criteria and protective measures to guarantee justice and proportionality of investigative operations. The research is based on theoretical analysis and a review of relevant legislation, seeking to adapt the lessons learned from the German experience to the Brazilian scenario. The importance of a specific legal framework that allows online infiltration in an ethical and well-founded manner is highlighted, respecting individual rights while facing the challenges posed by cyberspace. The article concludes by emphasizing Greco’s contribution to the dialogue on online infiltration in Brazil, suggesting that Germany’s legislative approach can offer valuable guidelines for creating Brazilian legislation that balances security and civil liberties. A reflection is proposed on the implications of online infiltration, reiterating the need for an in-depth debate and the development of clear standards for investigative practice in the digital environment, respecting ethical and constitutional principles.