A (i)legalidade da prisão em flagrante ante a violação domiciliar nos crimes de tráfico de drogas.

Abstract

The present study has the objective to analyze the possibility or not of home invasion without court order in drug trafficking crimes in the light of home inviolability and jurisprudential understanding, from the perspective of constitutional and criminal law. In these terms, the question is: What is the concept of home for practical application, as well as in what hypotheses would there be the possibility of home invasion without a court order in drug trafficking crimes? For this purpose, the work aims at basic strategic research, with the descriptive objective, qualitative approach, deductive method and bibliographic research procedure, as well as documentary research procedure, with data collection, mainly in laws and jurisprudential research. The concept of home and care in carrying out the search and seizure appear as permanent requirements, it was established that the concept of home is broader in criminal law than in civil law. However, the jurisprudence in recent decisions, has admitted the possibility of home invasion, without a court order, provided that some requirements are met, under the argument that such a measure does not offend fundamental rights, given the express exception in Article 5, item XI, of the Carta Maior, and that the legislator, by predicting the inviolability of the home, aimed to protect the citizen from good, and not to wrap up crime and criminals under the cover of darkness.