THE INVIOLABILITY OF DOMICILE; EXCEPTIONS, JURISPRUDENCE, CONSTITUTIONAL AND CONVENTIONAL CONTROL (HONDURAS)

Abstract

According to the Constitutional norm, as the foundation of the Rule of Law, arises the protection of the inviolability of the home. To this end, it is essential to understand a definition that aligns with the particularities of constitutional law, in order to comprehend the scope of its limitations. In this regard, the constituent’s mandate establishes that the home may be searched in specific cases, imposing a time limit for its execution and determining that its requirements and formalities will be regulated, which are developed in procedural criminal law. From this, different types of entries into the home are distinguished, which in criminal practice are usually confused. Therefore, it is necessary to define, expose, and understand their differences, the circumstances in which they occur, and their respective procedures. In this context, it must be borne in mind that the limitation of a fundamental right requires a serious and thorough analysis with constitutional and conventional control, complying with certain requirements and conditions. This key role is to be fulfilled by the judicial bodies in order to avoid any kind of abuse or arbitrariness and to contribute to the purpose of the criminal process.