LIMITAÇÕES E POSSIBILIDADES PARA A APLICAÇÃO DO FLAGRANTE POSTERGADO NO DIREITO PROCESSUAL PENAL BRASILEIRO

Abstract

This article addresses the possibilities and legality of the application of delayed flagrante delicto, constituting a special investigative technique that is crucial in combating macro-criminality and complex criminal organizations. Unlike the mandatory flagrante delicto provided for in the Brazilian Code of Criminal Procedure, this technique allows the postponement of police or administrative intervention to a later moment considered more appropriate and strategic. The primary purpose of this mechanism is not the immediate arrest of the perpetrator, but rather the achievement of a broader result: the complete mapping of the hierarchical structure of the organization, the collection of robust evidence against higher-ranking members, and the total dismantling of the criminal network. The legal basis for delayed flagrante delicto is consolidated in special legislation, notably the Law on Criminal Organizations (Law No. 12.850/2013), the Drug Law (Law No. 11.343/2006), and the Money Laundering Law (Law No. 9.613/1998). The jurisprudence of the Superior Court of Justice (STJ) validates its application, provided that legal requirements are observed, such as prior judicial communication or authorization, ensuring that investigative efficiency coexists with respect for constitutional principles. In summary, this modality of flagrante delicto is a tool aimed at financially weakening and dismantling criminal leadership structures, going beyond mere punctual repression.