Da violabilidade de domicílio nos crimes de trágico de drogas: as controvérsias entre as decisões do Supremo Tribunal Federal e o Superior Tribunal de Justiça

Abstract

This research aimed to present a reflection about the illegality of the evidence produced for a violation of the fundamental precept in article 5, XI, of the Federal Constitution, that is home inviolability, focusing on flagrant situations of permanent crimes. The goal of this study is to show which exceptionals situations is authorised the home violation, as well as indicate the controversies and issues that involves the means of proof producted by the forced entry, it means, without a court order, even though in front of possible flagrant situations of permanent crimes, as in drug trafficking. This analysis is justified for the visibility that police operations has been taking in the society, which has been witnessing several violations of fundamental values, such as the right of the inviolability of the home. In addition, it’s analyzed the divergenses seen between the habeas corpus nº 598.051-SP (2020/0176244-9), made by the 6th chamber of the Superior Court of Justice on the judgment of Extraordinary Appel n° 1.342.077/SP, carried out by the Federal Supreme Court. Thus, this study was based on doctrine research and jurisprudential analysis of the subject. Therefore, this works aims to promote an institutional debate which enables to establish effective mechanisms to avoid the revivals of told practices which violate fundamental rights.