Art. 243. The search warrant must:
I – indicate, as precisely as possible, the house where the search will be carried out and the name of the respective owner or resident; or, in the case of a personal search, the name of the person who will have to undergo it or the signs that identify him;
II – mention the reason and purposes of the diligence;
III – be subscribed by the clerk and signed by the authority that makes it dispatch .
§ 1 If there is an arrest warrant, it will appear in the text of the search warrant.
§ 2 The seizure of a document held by the defendant’s lawyer shall not be permitted, except when it constitutes an element of the body of the crime.
Contents of the warrant
No need for a personal search warrant: See the subheading Order of personal search under the heading Personal search, in annotations to Article 240. See also Article 244 of the CPP.
Reason and Purpose: The search should only be performed if there is a reason for it and when it is done to achieve a certain purpose. It cannot be ordered without reason, without any grounds, so that, as an example, “ any evidence of the investigated offense” is seized. The reason for the search and its purpose must be stated in the warrant, the full content of which must be made known to the resident.
Inviolability of the lawyer’s office: See our comments on Article 240 .
Jurisprudence
Informing the press about meetings under investigation that are subject to a controlled investigation, as well as alerting them to the date of compliance with search and seizure warrants, constitutes a crime of breach of functional secrecy: Informing journalists about an alleged meeting to be held between third parties – that are investigated in a given police operation –, in which “controlled police action” would occur, constitutes a breach of functional secrecy (CP, art. 325, caput ). In the same sense, it characterizes a crime of violation of functional secrecy, in the qualified form (CP, art. 325, § 2º), to alert journalists about the date of execution of search and seizure warrants ( AP 563/SP, rel. min. Teori Zavascki, judged on 21-10-2014, judgment published in the DJE of 28-11-2014 – Newsletter 764, Second Panel).
Judicial search and seizure warrant without indication of the address entails immediate return of seized material , rel. Min. Gilmar Mendes, judged on 16-12-2014, judgment published in the DJE of 19-3-2015 – Bulletin 772, Second Panel).
There is no need to detail the type of document to be seized: There is no legal requirement that the search and seizure warrant detail the type of document to be seized, even if of a confidential nature ( RHC 141.737/PR , Reporting Minister Sebastião Reis Junior, Sixth Class, by majority, judged on 04/27/2021.).
