THE INVIOLABILITY OF THE HOME IN CASES OF DRUG TRAFFICKING IN FLAGRANTE DELICTO IN LIGHT OF LEGAL STANDARDS AND JURISPRUDENCE

Abstract

This research addresses the inviolability of the home in the context of drug trafficking in flagrante delicto, based on current legislation and jurisprudence. The study is justified by its legal and social relevance, especially considering the recurring conflict between the right to privacy and the fight against drug trafficking. The general objective is to demonstrate that the current understanding of the Brazilian Federal Supreme Court (STF) requires the existence of just cause to mitigate the constitutional principle of home inviolability, even in cases of flagrante delicto involving drug trafficking. The specific objectives include analyzing the concept of home inviolability and its connection to human dignity, presenting an overview of the Brazilian Drug Law, discussing the criteria for characterizing flagrante delicto, and examining current STF jurisprudence on the matter. The central research question is: what is the STF's current position regarding home inviolability in cases of flagrante delicto for drug trafficking? The methodology used was bibliographic research, based on authors such as Lopes Junior (2018), Lira (2020), Nucci (2014), and Souza (2017). The conclusion reached is that just cause is essential to authorize the mitigation of constitutional protection of the home.