A (i)legalidade da invasão de domicílio por policiais sem mandado judicial: análise à luz da jurisprudência do STF e STJ

Abstract

The inviolability of the home is one of the most important individual guarantees in the Democratic Rule of Law, protecting individuals from arbitrary state interference in their private sphere. Enshrined in Article 5, section XI, of the 1988 Brazilian Federal Constitution, this protection may only be relativized under exceptional circumstances, such as in cases of flagrante delicto, disaster, provision of aid, or by judicial order. This monograph aims to analyze the legality—or illegality—of police officers entering private residences without a warrant, in light of the consolidated jurisprudence of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ). The study examines the constitutional foundations of the right to privacy, the limits of state action, the legal concept of domicile, the validity of resident consent, and the role of “reasonable suspicion” as a criterion for the legality of personal and home searches. Based on leading court decisions, it concludes that warrantless entries without legal justification constitute violations of fundamental rights, rendering the evidence obtained inadmissible and potentially subjecting public agents to liability. Finally, it emphasizes the essential role of judicial oversight in curbing abuses and safeguarding due process and human dignity.