Justice Reynaldo Soares da Fonseca, of the Superior Court of Justice, annulled the evidence and stopped a criminal action against a man caught in the act and accused of drug trafficking, after having his residence searched based on an anonymous complaint.
According to the STJ, the police, after receiving a complaint that the accused was dealing drugs in his residence, approached him and carried out a personal search, but found nothing. Then the agents, on the grounds that the defendant’s wife would have authorized the entry, went to the house, where they would have found drugs.
The lawsuit states that, at the police station, the man’s wife claimed that she only allowed the police to enter because she was threatened with being arrested and losing custody of her child.
In the decision, the minister recalled that the Federal Supreme Court (STF) has already defined that forced entry into a home without a court order is only legitimate when supported by well-founded reasons, duly justified by the circumstances of the case, which indicate that a situation of flagrante delicto is occurring in your inside.
“Only when the factual context prior to the invasion allows the conclusion about the occurrence of crime inside the residence is it possible to sacrifice the right to the inviolability of the home”, he said.
In the case analyzed, the minister also said that nothing illegal was found in the man’s possession in the first approach in front of his residence.
In addition, he stated “that there is no proof that the wife’s consent was freely given – a fact that also imposes the recognition of the illegality of the house search and, consequently, of all the evidence arising from it (theory of the fruits of the poisoned tree). ”
“Confirming that the criminal action is based solely on illicit evidence, consisting of illegal entry into the home, promoted as a result of an anonymous complaint, and with a vitiated entry authorization, the just cause is emptied, thus giving rise to the locking of the criminal action”, said the minister.
THE CNN tries to contact the defense of man.
Source: CNN Brasil
