Admissibilidade da prova em face da violação de domicílio à luz da nova interpretação do Supremo Tribunal Federal

Abstract

This work is analyzed in evidence in criminal proceedings before the violation of domicile without, however, setting the cause as justifier element of state action taking into account the new interpretation of the theme by the Supreme Court Federal. The objective is to demonstrate that the evidence derived from forced entry at home may be admitted only in the criminal process remains characterized the breach occurred due to the existence of reasonable grounds. In order to reach the goal there is the study of aspects related to evidence in criminal proceedings, the inviolability of the home as a fundamental right and the doctrinal and jurisprudential position on the subject. The concluding synthesis is the effect that the forced entry into the home when the warrant of absence should be based on reasonable grounds and that, whether or not successful, you need to assess whether the reasons given by state agents have sufficient characteristic elements for allow entry into the home and, if reste not proven to cause, shall be declared the inadmissibility of evidence obtained and the nullity of the acts and the possibility of accountability of agents.