THE POSSIBILITY OF A HOUSE SEARCH BY MILITARY POLICE OFFICERS WHEN CAUGHT IN THE ACT OF COMMITTING A DRUG TRAFFICKING CRIME: JURISPRUDENCE OF THE SUPERIOR COURTS

Abstract

The present article has as its object of analysis the right to the inviolability of the home and the exceptional possibility of searching for a home in the face of flagrante delicto in drug trafficking crimes. The methodology used based, as it is an eminently theoretical theme, bibliographic, doctrinal and jurisprudential elements. The results showed that although the Magna Carta establishes, among the hypotheses that limit the fundamental right to the inviolability of the home, in a generic way the flagrante delicto, the jurisprudence of the Superior Courts, although with some divergences and subject to criticism by judicial activism, have understood that it is also necessary to have well-founded reasons, justified later, that point to the possibility that a situation of flagrant is taking place inside the residence. It can be concluded that such a scenario is of paramount importance, requiring the military police to act basing their actions on legal and objective criteria, duly substantiated and justified, from objective and concrete situations, otherwise, if the entry into a certain residence is considered illegal, upon interpretation by the Judiciary, the evidence will be considered illegal and the state military will be subject to criminal, administrative and civil liability.