Habeas Corpus 169.788: illegal search and seizure carried out without a warrant and without the consent of the resident

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Authors

  • IBCCRIM Instituto Brasileiro de Ciências Criminais - IBCCRIM - São Paulo/SP

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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Author Biography

IBCCRIM, Instituto Brasileiro de Ciências Criminais - IBCCRIM - São Paulo/SP

Instituto Brasileiro de Ciências Criminais - IBCCRIM 

Published

2023-10-03

How to Cite

IBCCRIM. (2023). Habeas Corpus 169.788: illegal search and seizure carried out without a warrant and without the consent of the resident. Boletim IBCCRIM, 31(371), 3. Retrieved from https://publicacoes.ibccrim.org.br/index.php/boletim_1993/article/view/751

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