THE (I)LEGALITY OF HOME INVASION IN FLAGS OF PERMANENT CRIMES

Abstract

The main objective of this article is to analyze home violations in cases of permanent crimes, highlighting the complexity of this legal situation and the challenges associated with its application. The research adopts a methodological approach that involves an in-depth review of relevant legal literature, case law and bibliographical review to understand the legal implications and procedures followed in situations of flagrante delicto related to permanent crimes. The methodology also includes an analysis of the ethical and human rights implications related to home invasion in situations of permanent crimes. To examine how the courts have interpreted and applied legislation in cases of permanent crimes, this study analyzes divergent decisions of the Federal Supreme Court and Superior Court of Justice, referring to the crime of drug trafficking, elucidating the trends in jurisprudence and the evolution of legal interpretations. The results of this study provide an in-depth understanding of the challenges and complexities involved in applying the law in situations of home invasion in cases of permanent crimes. Furthermore, it offers valuable insights into how the courts have approached this issue and highlights the importance of finding a balance between protecting the sanctity of the home and the need to effectively combat crime.