A garantia constitucional da inviolabilidade domiciliar e a busca e apreensão

Abstract

This paper aims to analyze how search and seizure warrants can compromise the constitutional principle of home inviolability. Initially, it seeks to highlight the importance of fundamental rights and guarantees, emphasizing the classification of the inviolability of the household in this list. Then, it presents the definition of what is home- or domicile-, in order to make an analysis about the control of the legality of searches feasible. Subsequently, it analyzes the constitutionally foreseen exceptions to the inviolability of the home, emphasizing the hypothesis of violation resulting from judicial authorization. Then, it presents the differences between the search and seizure institutes, focusing on the definition of what would be search, as well as on the hypotheses of suitability and on the procedure for the execution of the measure regarding the right to home inviolability in face of the 1988 Federal Constitution. , brings up the possibility of the state agent being held responsible in situations of disrespect to the precepts of home inviolability. This study will be carried out through qualitative, bibliographic research, with the aim of reflecting on the proposed theme, using the means available for such purpose, namely, doctrine, articles and jurisprudential understandings. It concludes that the search and seizure institute is essential for criminal prosecution, however, any evidence produced from illegal search and seizure will not be admitted in the process, since obtained in violation of the constitutional guarantee of inviolability of the home.