Fundadas razões para o flagrante? uma análise do RE 603.616/STF

Abstract

This article aims to analyze or judge the STF on the requirements for setting the crime flag justifying breach of inviolability of the household. To do so, make a brief analysis of the types of provisional arrest that may be prohibited in the Brazilian legal system, concentrating an analysis on the red-handed arrest and its species. We now discuss a constitutional rule on inviolability of the domicile and the limits conferred by it by the decision issued in RE 603,616. It was concluded that the weighting performed by the STF, without reference, seeks to define the limits of the inviolability clause of the house as well as protection against an arbitrary home search. However, it is necessary to propose means to understand the understanding established in the plenary session, which may be applied in accordance with the fundamental guarantees expressed in the Federal Constitution of 1988.