Minas Gerais Court denies search warrant citing lack of evidence

The Minas Gerais Court of Justice (TJ-MG) has ruled that the severity of a crime alone is insufficient to justify a search and seizure warrant. The decision came after the court denied an appeal by the Public Ministry seeking to search the home of a man accused of crimes against an ex-girlfriend.

Judge Haroldo Toscano, acting for the specialized Criminal Justice Nucleus, stated that while the alleged facts are serious, the request was based primarily on the victim's unilateral statements without sufficient corroborating evidence to support the investigation at this stage. The ruling emphasized that home searches are exceptional measures that mitigate the constitutional right to the inviolability of the home. The court noted that, according to Superior Court of Justice jurisprudence, warrants require the demonstration of concrete and individualized elements, and less invasive investigative methods should be exhausted first.