A INVIOLABILIDADE DE DOMICÍLIO E A DECISÃO DO SUPERIOR TRIBUNAL DE JUSTIÇA NO RESP 1.574.681/RS

CONSIDERAÇÕES SOB A ÓTICA DO PRAGMATISMO JURÍDICO

Abstract

The decision issued by the Sixth Chamber of the “Superior Tribunal de Justiça” in the ruling of “Recurso Especial 1.574.681/RS” represents a decisive turn in the comprehension of the reach of the right to the sanctity of the home and, as well as its connections to other interests safeguarded by law and the Constitution. This paper aims to review such ruling using the theoretical framework provided by legal pragmatism, in order to demonstrar to what extent this shift results of pragmatic reasoning, regarding particularly its antifoundationalist and consequencialist dimensions. Therefore, we intend to show that this precedent contributes to the improvement of law enforcement and the prevention of police abuse.