Mandado de busca e apreensão coletivo e sua (in) constitucionalidade

Abstract

The purpose of this paper the collective command that is imposed as a coercive measure on the individuals of poor communities in Brazilian cities, inclusive the illegality of their applicability. The main focus of this work is to develop a discussion about the use of this coercive measure, which has a marginalizing nature and which is applied only to individuals belonging to a less favored social class. The intention is to promote a more objective understanding and that allows a knowledge about this institute that is not recommended in the Federal Constitution nor, by the Code of Criminal Procedure. In order to articulate the aforementioned discussion, the present work has its theoretical basis based on bibliographical publications in particular in the authors: Boris Fausto, Aury Lopes Junior, Fernando da Costa Tourinho Filho, Nestor Távora, Rosmar Rodrigues Alencar, Eugênio Raul Zaffaroni, Loïc Wacquant, Fernanda Ravazzano Lopes Baqueiro, Milton Santos.