Crítica ao estado de exceção por meio do uso sistemático dos mandados de busca e apreensão coletivos como política de (in)justiça e de (in)segurança pública

Abstract

In recent years, there was a significant increase in crime in the country. The general feeling of insecurity and fear has, in turn, reasserted the debate between the guarantee of certain individual freedoms, the realization of justice and the right to safety. In the midst of the seriousness of the situation and the inefficiency of the Public Power in providing satisfactory answers to the demands of the population regarding the treatment and fight against crime, the search warrant and collective seizure has been used in Brazilian lands, authorizing the execution of investigations police with massive invasion of popular residences. From this perspective, it is necessary to analyze scientifically the problem of the compatibility or not of the collective search and seizure warrants - with the Brazilian legal system, in particular with regard to the constitutional guarantee of domestic inviolability. The analysis also pertains to the examination of a concrete case that took place in Fortaleza, Ceará, in 2014, in which, with search warrants and collective apprehension, the Military Police and the Civil Police of the State of Ceará carried out within the scope of the operation entitled “Nômade, more than 1890 houses were inspected in the periphery of the City. Thus, it is urgent to analyze the systematic use of collective search and seizure warrants with a public security policy aimed at reducing crime rates. The objective is to criticize the growing establishment of the State of Exception, based on the analysis of the use of search warrants and collective apprehensions, which are a very clear instrument of this process. Thus, it was observed that these warrants represent a real risk to the democratic order insofar as they collaborate in the exercise of authoritarian practices, for the emptying of norms and mitigation of constitutional rights and guarantees. In addition, in addition to guaranteeing the inviolability of the domicile, the illegal pursuit of the search and seizure of criminal prosecutions can concretely affect several rights and guarantees constitutionally guaranteed, such as: the physical and moral integrity of the individual, private life and intimacy, due process of law and the principle of inadmissibility in the proceedings of evidence obtained by means of an unlawful means. As for the methodological aspects, bibliographical and documentary research was used. Regarding the typology of the research, this is, according to the use of the results, the pure type, in order to be carried out with the purpose of increasing knowledge, seeking, however, to contribute with the debates made in relation to the theme. According to the approach, research is qualitative, as it deepens the understanding of human actions and relationships and the conditions and frequencies of certain social situations.