Limites da busca e da apreensão no Processo Penal Constitucional

• Autor(a) principal: Antunes, Leonardo Leal Peret
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6266
• topic: Processo penal constitucional; Busca e apreensão; Limites; Direitos fundamentais; Constitutional criminal procedure; Search and seizure; Limits; Fundamental rights; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aims to analyze the institutes of search and seizure within the constitutional criminal procedure, understood as such once it is guided by the constitutional values that permeate the Federal Constitution of 1988. Even though they represent serious restrictions to the fundamental rights of the citizen who suffers a criminal prosecution, searches and the seizures have been trivialized nowadays. They are performed without any limit or criteria, leading to unjustified trespass and indelible losses. Considering that factual reality, we sought, from a methodological focus of empirical and applied nature, to approach some of the everyday situations involving searches and seizures. Furthermore, with views to the future, we pursued to establish their limits within the Democratic State of Law which is based on human dignity and seeks to further the fundamental rights of the citizens. After a thorough study of the constitutional criminal procedure, the institutes of search and seizure and an analysis of some practical situations related to the issue at stake, our findings showed that there is a need to reconcile the effectiveness of criminal prosecution with the fundamental rights, so as to set up the limits of the search and the seizure in the constitutional criminal procedure. In this case, it is now absolutely clear that it is possible, in the effectiveness of prosecution, to conciliate public with private interest, respecting the fundamental rights, in order to establish the ideal of a democratic and ethical criminal procedure, grounded on human dignity