O ESTREITO LIMITE ENTRE AS FUNDADAS RAZÕES E A INVASÃO DOMICILIAR NO CONTEXTO DO CRIME DE TRÁFICO DE DROGAS: ANÁLISE JURISPRUDENCIAL

Abstract

The present work aims to analyze how national jurisprudence, especially the Federal Supreme Court and the Superior Court of Justice, has interpreted the well-founded reasons authorizing domestic entry into the crime of drug trafficking. To this end, bibliographic and documentary research was used as the main methods. In this context, the fundamental right of home inviolability, provided for in art. 5th, item XI, of the Federal Constitution, as well as the exceptional situation of the flagrant crime in the context of the crime of drug trafficking. In this sense, after studying the legal and normative aspects relating to the institutes related to the topic in question, we began to analyze the judgments of the STF and STJ in light of RE 603.616/RO and HC 598.051/SP, which represented the change of understanding that was previously adopted in casuistry. Thus, based on the aforementioned precedents, the new position became to only consider forced entry into a home without a warrant to be lawful, when supported by well-founded reasons, duly justified a posteriori, which indicate that a situation of flagrant crime is occurring inside the house. The aforementioned change had a major impact on subsequent decisions on the matter, however, the STF's recent positions demonstrate that the issue is still far from being pacified.