Monitoramento eletrônico como instrumento viabilizador da execução da pena privativa de liberdade em consonância com a dignidade da pessoa humana.

Abstract

The increasingly chaotic reality of the prison system implies that alternative measures to deprivation of liberty are found, among which the institute for the telematic surveillance of prisoners can be listed, which was created with the purpose of reducing the prison population , that the state's expenses with prisoners were lower and so that the reinsertion of the condemned person into social life would be anticipated. Based on this observation, the present research began to be developed with the purpose of discovering how electronic monitoring could enable the execution of the custodial sentence in the manner established by the Criminal Execution Law (LEP)? The general objective of the study is to analyze the possibilities of expanding the use of the electronic monitoring institute for cases other than those permitted by Laws nº 12.258/2010 and nº 12.403 / 2011. As specific objectives identify whether the inmate's electronic control is in line with the principle of human dignity and intimacy; to present how the regime progresses in the execution of the custodial sentence in the Brazilian legal system and to verify if electronic monitoring can be considered as an aid to improve the penal system. In order to do so, we first need to identify the constitutionality of electronic monitoring against the principles of human dignity and intimacy, demonstrating the constitutional-philosophical premise of the former and legal validation of the second. Following is the system of regime progression in the custodial sentence provided for in the Brazilian legal system, dealing with the regimes of fulfillment of the sentence and the requirements for progression, highlighting their peculiarities in heinous and assimilated crimes and those committed against the public administration . Finally, the analysis of the central theme of the research is presented, showing its general and specific aspects, showing its historicity and its international experiences, the technologies to control the arrested individual and the electronic monitoring policy in Brazil, with the purpose of verifying the possible contributions of this tool in the execution of the custodial sentence as advocated by the Criminal Enforcement Law. Methodologically the research is classified, as to the purpose, as basic; as to the approach, as qualitative; procedures, such as bibliographical and documentary; and, as regards the objectives, as a descriptive research when it exposes the debate concerning the content here treated. At the end, it is concluded that the fulfillment of the penalties that occur in Brazil is not meeting the desired objectives and that electronic monitoring can be used as an auxiliary and alternative measure to reduce the problems of the prison system and can be used beyond what is allowed by the laws that implemented it nationally.