A inviolabilidade domiciliar na prisão em flagrante por tráfico de drogas à luz do rotulacionismo

Abstract

The present study aims to question the legitimation of repeated violations, by police officers and judicial authorities, despite the understanding of the Superior Courts, of the fundamental right of the inviolability of the home, based on the relationship with concepts derived from criminological theories, especially the labeling approach. For this, initially it aims to analyze the right for the inviolability of the home. Then, it will seek to understand the criminological concept of the labeling approach, focusing on Critical Criminology. Finally, it proposes to investigate the relationship between the naturalization of violations of fundamental rights and the labeling approach. To carry out this research, a qualitative approach is used, with exploratory and descriptive objectives and of a bibliographic and documentary nature. It is also used an analysis of cases related to the subject addressed judged in January 2022 by the 5th Court of Drug Trafficking Crimes of the District of Fortaleza/CE. It is concluded that there is a trivialization of the violation of rights suffered by individuals who are already socially vulnerable–poor, non-white, residents of peripheral communities, to whom a criminal label is imposed used to legitimize the abandonment of their guarantees –such as the inviolability of the home – in the name of carrying out arrests in flagrante delicto and of a pretended public safety. The invasions of residences in peripheries throughout Brazil and more specifically in Fortaleza/CE indicate, in the light of the labeling approach, who is criminalized, excluded and marginalized.