As garantias fundamentais à frente dos mandados de busca e apreensão genéricos

Abstract

The present course conclusion paper will address the judicial order of search and seizure warrants with respect to collective warrants, as well as home inviolability and its constitutional provision, including also the historical and conceptual aspects of the rights surrounding the legal institute. The law prescribed in the Federal Constitution of 1988 will be examined, including in terms of limits. Fundamental rights and guarantees will be examined, in addition to doctrinal concepts, since the guarantee of the Magna Carta of 88, to which Article 5 establishes as a fundamental guarantee, has the possibility of being violated, even though it is an inherent right of the citizen and essential to respect. as to its application. In addition to the legal institute of inviolability, its limitations and reservations regarding the violation will be studied. Subsequently, the judicial order of search and seizure warrants will be addressed, one of the exceptions provided for in the Charter and the possible violation based on collective warrants. In addition, a specific case will be demonstrated and concludes by concluding that the State, the power from which the court order emanates, must respect the positive parameters for the materialization of the measure and the affection of individual guarantees.