AN ANALYSIS OF HOME INVASION AND ITS CRIMINAL CONSEQUENCES

Abstract

The article presents this question based on the constitutional principle of the inviolability of the home, with the individual's home being an inviolable asylum, which could not be invaded under the pretext of complying with the law, except for constitutionally listed exceptions. On the other hand, the agent cannot use the constitutional mantle of home inviolability to commit crimes, whether of greater or lesser offensive potential. In this sense, a brief analysis of the evolution of constitutional law is pertinent, as well as the constitutional provisions that deal with the inviolability of the home, the concept of criminal infraction, crime and criminal misdemeanor. It is also necessary to verify the legality or illegality of home invasion in crimes with less offensive potential, through a legal and jurisprudential perspective. Thus, through bibliographical research, using a deductive approach, this analysis is possible. Therefore, it must be emphasized that no right is absolute, nor is home inviolability, with home invasion being legal in crimes with less offensive potential.