Abstract
The home invasion can only be done expressly provided for assumptions in the Brazilian legal system, including, in cases of arrest in flagrante. In any other circumstance beyond those embodied in the Federal Constitution, it is forbidden to the public, without the consent of the resident, enter the domicile, otherwise, in the context of procedure be considered as illicit evidence obtained. The emblematic example reviewed in the present research deals with arrest in flagrante by breaking and entering on suspicion of drug trafficking. To follow up and theoretical foundation, it was used as the main mechanism for investigation, the search for bibliographical material, namely books, and digital format, emphasizing the doctrines and prestigious authors, in addition to publications and judged digitally in sites available Supreme Court and Superior Court of Justice.
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