The trafficking caught by the police without a printed court order canceled STJ evidence against suspects | Method
Ministers of the Fifth Panel of the Superior Court of Justice, Minus Garies police, during the Brewadinho municipality, due to the lack of a physical warrant of search and seizure. The police mission took place in February 2024. The college understands that the performance of this document is “indispensable”, to ensure the legitimacy of the evidence, despite the pre -legal authority for adequate care.
This information has been released by STJ.
At that time, two persons were arrested on charges of illegally seizing drug trafficking and firearms. According to the claim, civil police officers were arrested and collected evidence after entering the residence without giving a warrant of search and seizure.
The lack of warrant inspires the relaxation of arrests in the custody investigation, but the State Prosecutor has appealed to the court of Justice that it withdrew the decision and decided to return the case to the court.
Without issuing a warrant, the Minus Gerice Court estimates that the legal authority in the case file and the legal authority in the case file is sufficient for the search and seizure.
In the request from the Hebias Corpus, the protection of the suspects indicated the precursors to strengthen the need for a printed warrant. Prosecutors claim that the court’s legal science does not allow the police warrant without issuing a document containing minimum information about the goal of the operation.
The reporter of the request and Minister Ribiro Dantas granted the Hebias Corpus in favor of the accused, but the Federal Prosecutor (MPF) appealed to the decision.
For the office of the lawyer, the lack of a physical warrant is not only compromised by the legitimacy of attention, ”the legal authority is based on the power and guarantees respect for fundamental rights.”
The need for the Federal Public Prosecution Service Paper document represents the “intensified formalism”.
For Minister Ribiro Dantas, the warrant is “formality that protects the legal aspects of search and seizure”.
In bringing the case to fifth grade, the minister highlighted the words of Article 241 of the Criminal Procedure Code – if the house was not handled in person, the judge would be a must before issuing a warrant.
Ribiro Dantas emphasizes the ancestor of the Superior Court, which requires a physical warrant for proper compliance with the court’s attention, and in the document, in other data, the purpose of the address and action to be investigated.
“Therefore, legitimacy dies with those who do not suit the judicial decision such as the search warrant and seizure, because despite the pre -research of the decision to decide the search, all the evidence collected in this law is invalid,” the Raporter’s appeal.
