A INVIOLABILIDADE DO DOMICÍLIO PERANTE O FLAGRANTE DELITO NOS CRIMES DE TRÁFICO DE DROGAS À LUZ DA JURISPRUDÊNCIA PÁTRIA

Abstract

The present study, prepared using the deductive scientific method, in which we start from a comprehensive approach to a more detailed and elucidative one, explores the evolution of constitutional guarantees in Criminal Procedural Law, with an emphasis on home inviolability and its mitigation in cases of flagrant crime in drug trafficking. The growing legal uncertainty in Brazil, driven by arbitrary legal interpretations, creates a scenario of distrust in public institutions. The fight against drug trafficking, considered a crime with great social repercussions, pressures the Judiciary to relax fundamental rights, especially the right to privacy. This research discusses the dilemma between protecting individual guarantees and meeting social demands for security, highlighting the divergence of positions between the National High Court and the Supreme Federal Court. The objective is to promote a critical debate on the adequacy of public security policies, emphasizing that impunity does not result from the guarantee of rights, but from state inefficiency and omission. Thus, this article seeks to contribute to a balanced approach between the repression of crime and the observance of constitutional rights, pillars of the Democratic State of Law, considering the legal interest of public health protected by the Drug Law (Law No. 11.343/2006).