Habeas Corpus 169.788: illegal search and seizure carried out without a warrant and without the consent of the resident
Abstract
In a memorial distributed to the STF Justices, IBCCRIM took the position that the habeas corpus order should be granted, so that "the nullity of the house raid carried out without a judicial warrant and the consent of the resident, as well as the evidence obtained from it, be recognized".
In the Institute's view, a house search carried out without the resident's authorization, without a judicial warrant and outside any situation of flagrancy "has no support in our Democratic State of Law".
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