THE PANIC BUTTON AND DOMESTIC VIOLENCE: THE CONSTITUTIONAL BALANCING BETWEEN THE INVIOLABILITY OF THE HOME AND THE STATE'S DUTY TO PROTECT LIFE

Abstract

This article analyzes the complex landscape of state intervention in domestic violence cases, a field marked by the conflict between fundamental rights. The analysis focuses on the admissibility of police entry into a home, without a judicial warrant, following the activation of the "Panic Button". Through a principled, legislative, and doctrinal analysis, it will be demonstrated that the Brazilian legal system, based on the Federal Constitution, the Maria da Penha Law, and the adapted application of the Code of Criminal Procedure, has constructed a solution that prioritizes the protection of life. A pragmatic balance is sought which, by weighing the interests at stake through the principle of proportionality, legitimizes immediate state action based on the in flagrante delicto exception, affirming the primacy of human dignity and the State's commitment to eradicating gender-based violence.