O uso do monitoramento eletrônico como alternativa a superlotação carcerária e auxílio a reincersão social.

Abstract

This research analyzes the purpose monitoring as a means of contributing to the reduction of the prison quota for the rehabilitation of inmates, considering the legal discipline of this measure in the present and possible changes in the future, the main parameter to Law 12.258/2010 and Law 12.304/2011, which introduced such institute in Brazilian law. Hence it is first studied the purposes of the penalties and the first prisons, highlighting this first contact, the modern theories emerged that attempt to analyze the existing partnership between the ends of sentences and the reality of Brazilian prisons who are engaged to perform such purposes, demonstrating thereby that the current system is in decay, and full of the most varied problems, especially overcrowding and the offense to the principle of human dignity, so hurt by this reality. Deductive method, where when analyzing the legal disciplining of such technological apparatus, to show what he collaborates effectively to solve major problems identified and what possible changes in this institute, was used may be made to the Law 7.210/1984 (Law Criminal Sentencing) and other special penal laws, give greater breadth to such monitoring system, compared to very little usefulness when given in this regard. Finally, it demonstrated the ability of this method to mitigate this situation, however, changes in legislative policy and administrative organization must be made for effective integration of this system, using this sense the historical method and the comparative advantages in demonstrating such other legal.