JURISPRUDENTIAL ANALYSIS IF NULLITIES IN HOME INVASION AND ARRESSION IN FLAGRANT IN LIGHT OF THE UNDERSTANDING OF THE COURT OF JUSTICE OF BAHIA

Abstract

The present research project has as its main objective the analysis of the legal and jurisprudential measures of nullities resulting from home invasion and arrest in flagrant delicto in the light of the understanding of the Court of Justice of Bahia, using as a central point the majority understanding of the distinguished court linked to the constitutional guarantees of inviolability of the home, in addition to the code of criminal procedure and understandings of the doctrine about the illegality of the evidence and the nullities resulting from the act. From the previous analysis, the following questions arise: which conducts have been subject to nullity in view of the fundamental right of inviolability of the home? How is the doctrinal and jurisprudential understanding of illegal proof by derivation guided? Primarily, it urges to detail, even if in a laconic way, the Theory of the Poisoned Tree Theory, demonstrating its applicability in the concrete case of those judged in the State of Bahia, its divergences and main congruences with the understanding of the STJ and STF, therefore it will be It suggested important concepts about domicile, privacy and intimacy in the Brazilian legal system, search and seizure and the illegality of the evidence, in addition to its validity requirements. Faced with the problem involved in the obliteration of evidence resulting from the illegal invasion of the home based on the Theory of the Fruit of the Poisoned Tree, the present study aims to address the regulations used in the legal method, using as a parameter the principle of inadmissibility of illegal evidence, in order to bring greater clarity regarding the country's understanding of the issue.order to bring greater clarity regarding the country's understanding of the issue.