Banca de DEFESA: LIARA THOMASI DE ALMEIDA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LIARA THOMASI DE ALMEIDA
DATE: 30/10/2026
TIME: 16:00
LOCAL: https://meet.google.com/gqm-mxwg-xyu
TITLE:

THE GUARANTEE OF HOME INVIOLABILITY IN THE CASE LAW OF THE SUPERIOR COURT OF JUSTICE: foundations for a public security policy consistent with the Democratic Rule of Law

KEY WORDS:

Home inviolability; Public security; Superior Court of Justice; Fundamental rights; Democratic State of Law

PAGES: 107
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation investigates the grounds used by the Superior Court of Justice (STJ) to protect the constitutional guarantee of home inviolability, starting from the judgment of Habeas Corpus nº 598.051/SP, and its contribution to building a public security policy compatible with the Democratic Rule of Law. The research, which is qualitative, descriptive, and bibliographic in nature, analyzes a corpus of 588 rulings issued by the STJ between March 2021 and December 2024, in cases where the Court recognized the illegality of warrantless home entry. The first chapter examines the constitutional and criminal procedural foundation of home protection, situating STF General Repercussion Theme nº 280 as a starting point. The second chapter systematizes the factual and legal grounds relied upon by the STJ, revealing the concentration of cases in drug trafficking investigations, the prominent role of the Military Police in the proceedings, and the recurrence of claims of resident consent. The third chapter converts these findings into guidelines for institutional improvement, contrasting the logic of the Police State with that of the Democratic State of Law. It concludes that the case law examined requires objectivity in the grounded reasons for entry, documentation of prior investigation, and priority given to judicial warrants, conditions that define the legitimacy of police action within a regime committed to fundamental rights.

COMMITTEE MEMBERS:
Externa à Instituição - MARIA ODERLÂNIA TORQUATO LEITE - URCA
Interno (Suplente) - 1863338 - EVANDRO CHARLES PIZA DUARTE
Externa à Instituição - LETÍCIA THOMASI JAHNKE BOTTON - UNISC
Presidente - ***.404.828-** - TÉDNEY MOREIRA DA SILVA - UnB