A INVIOLABILIDADE DO DOMICÍLIO ENQUANTO DIREITO FUNDAMENTAL DIANTE DA PRESUNÇÃO DE LEGITIMIDADE ESTATAL À LUZ DO HABEAS CORPUS 598051-SP

Abstract

The inviolability of the home is one of the fundamental pillars of the legal system of a democratic society. This right enshrines the protection of the privacy and intimacy of citizens in their homes, ensuring that the State cannot enter their homes without due legal support. However, there are situations in which this guarantee can be mitigated in the name of public order and collective security, as occurs, for example, during arrest in flagrante delicto. In view of this, we intend to examine how the inviolability of the home behaves in the face of arrest in flagrante delicto, highlighting possible discrepancies in the application of state violence, especially in relation to less favored groups. In conclusion, the judgment of Habeas Corpus 598051-SP by the STJ highlights the need for a delicate balance between the inviolability of the home and the legitimate action of the State.