A (IN)VIOLABILIDADE DE DOMÍCILIO E PRISÃO EM FLAGRANTE EM CASOS DE TRÁFICO DE DROGAS

Abstract

This research aims to critically and interpretively analyze cases of mitigation of the principle of inviolability of the home, especially in cases of drug trafficking, with forced entry into the investigated person's home without a court order. To this end, some guiding principles of the Brazilian criminal procedure will be analyzed in relation to the aforementioned theme, based on the doctrinal exposition. In addition, the research addresses the criminal system in the light of the Drug Law, exposing the relevance of defending constitutional guarantees for the composition of an efficient Criminal Law to the point of protecting a citizen from the arbitrary excesses of the State that infringe due process and end up causing legal hesitation for home inviolability. It was also up to this work to emphasize the vulnerability of peripheral areas, with regard to domestic violations. In the end, it is pointed out the need to prove just cause to legitimize the violability of the domicile, in order to curb state abuse, under penalty of illegal arrest in the act, in addition to the civil, criminal and administrative liability of the state agent.