Inviolabilidade do direito de propriedade privada

Abstract

This is a scientific article whose theme is the inviolability of private property in the light of the Brazilian legal system. Home inviolability aims to ensure a bundle of rights, among which are intimacy, privacy, peace, quiet, freedom to be alone or with your family without the interference of any other person and the freedom to do whatever you want, as long as it is not illegal, as home inviolability cannot be used as a protective shield against the practice of illegal acts. The purpose of this study is to critically discuss residential violation without court order. The hypothesis of the crime of flagrante delicto has been exploited by police officers to violate the fundamental right to the inviolability of the home through acts of violence and unfair persecution in the name of public safety. Based on this, the inalienable right to housing can be relativized, that is, if a representative is authorized to enter another person's home without this circumstance, it would violate a fundamental right, despite the relativization of the inalienable right to housing, and the principle of human dignity. In this sense, it is understood that a situation of home usufruct cannot occur due to insecurity due to the fact that the agent has violated a constitutionally recognized guarantee. The methodology used was a bibliographic review of a descriptive and exploratory nature.