As ações encobertas em ambiente físico e em ambiente digital

: a problemática do alargamento do Artigo 19º n.º 1 da Lei do Cibercrime à luz do regime jurídico das ações encobertas

Abstract

Nowadays, undercover actions, especially digital undercover actions, and consequently the figure of the undercover agent, has become essential and one of the most effective means to combat this new type of crime, cybercrime. Becoming a complex, but quite effective mean to obtain the necessary evidence about a crime and also about its authors. With the greater emergence of the virtual space, new problems occurred, a new crime emerged, which led to an emergency for States to fight it, leading to the need for the legislator to reconsider the solutions previously presented to fight “traditional” crime, transporting now the need for new measures to fight this new type of crime. We can say that from this feature the need to resort to the figure of digital covert actions emerged more intensely. With the greater use of this figure, some problems emerged that were and are necessary for a greater correction on the part of our legislator, such as the need for harmonization between the State's interest in pursuing the fight against "digital" crime, the protection of human rights and fundamental interests of citizens. We aim to analyze and expose the high need to use covert digital actions under article n. º 19 of the Cybercrime Law. Also expose the emergence of a new legislation to regulate digital covert actions, since the existing legislation does not meet the needs required by this hidden method of obtaining evidence, as nothing new has been introduced in relation to the already existing regime, the Legal Regime of Covert actions. Due to its high importance, would be expected that already existed a complete legislation on this method, also due to its essentiality, in the fight against organized and violent crime.

Date of Award	12 Sept 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Pedro Freitas (Supervisor)