The limits of police action, in cases of domestic violation, without judicial authorization, in drug crimes

The present study presents, as a research problem, the following question: what are the constitutionally reasonable criteria to be used by the Judiciary, when analyzing domestic violations, made by the police, in crimes involving drugs? As for the general objective, it seeks to check the constitutional congruence of the judiciary, when judging arrests made, with violation of residence, by public security agents, without their judicial authorization. As methodological procedures, bibliographical and documental research are highlighted, using the deductive method. The first chapter deals with the relevance of fundamental rights and guarantees. The second, on the relationship between the dimensions of fundamental rights and home inviolability. The third chapter discusses how the Judiciary has positioned itself, when applying related to police inviolability, in drug crimes. Thus, it is concluded that, constitutionally, the best measure to be used by the judiciary is the one that, under a judgment of weighting, takes into account both the fairness of the profession of the public security agent, as well as, also, guarantees the principle of the inviolability of the suspect's home, not demonizing either character.