Análise da compatibilidade dos mandados de busca e apreensão coletivos e genéricos com a ordem jurídica brasileira

Abstract

Because of increase of criminality, especially caused by criminal organizations of reach national, causing the feeling of public insecure, society e anothers public entities ask for repressive measures to combate crime. So, have been request and granted by judiciary collective and generic search and seizure warrants, despite the absence of legal provisions about this, allowing whole communities to be invaded by a single judicial authorization, to search for any evidences of crimes, under the argument of public interest and security. From this perspective, it is necessary to analyse the legal and constitutional rules about the topic, to assess his conformity with the order juridical brazilian. Therefore, was used as methodology bibliography and judicial documents, of pure type, with exploratory purpose, seeking to contribute with debates and solve theoretically the controversial issue, with qualitative research, in view of its complex object and with multiple meaning. As result, it was observed that both collective and general diligence violate various norms of criminal procedural law that regulate the search and seizure, as well as the constitutional principles and rights of domestic inviolability, the motivation of judicial decisions and equality, and is not proportional the violation of these rights in the face of public safety, nor justified by the end that awaits with the measure. Thus, it is concluded that the warrant studied besides illegal is unconstitutional, so, incompatible with the Brazilian legal system and the principles that underpin it.