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2h ago

STJ Sets 5 a.m.–9 p.m. Window for Home Searches, Validates 5:05 a.m. Raid

The court treated the 2019 Abuse of Authority law as a bright‑line schedule for domiciliary warrants, rejecting an attempt to nullify evidence from a Rio Grande do Norte health probe.

STJ ainda manteve a validade da busca realizada às 5h05 e afastou a anulação das provas obtidas na Operação Escoliose

Overview

  • By majority, the STJ’s Third Section ruled that police may execute residential search warrants starting at 5 a.m., even before sunrise.
  • The court anchored its reading in Law 13,869/2019, which defines the lawful interval as 5 a.m. to 9 p.m. and characterizes execution between 9 p.m. and 5 a.m. as abuse of authority.
  • The case stemmed from a habeas corpus filed by a lawyer who challenged a search carried out at 5:05 a.m. in the Operação Escoliose investigation in Rio Grande do Norte.
  • Relator Sebastião Reis Júnior argued the statute supplies an objective criterion that resolves disputes over the undefined term “daytime” in the Constitution and Criminal Procedure Code.
  • The ruling preserved the 5:05 a.m. search and its evidence, with ministers Reynaldo Soares da Fonseca, Joel Ilan Paciornik, Messod Azulay Neto, Maria Marluce Caldas, Carlos Pires Brandão and Og Fernandes joining the vote.