MORENO, N. T.; http://lattes.cnpq.br/2861583527412039; MORENO, Natália Taynah.
Resumen:
This paper aims to delineate the main fundaments that lead the doctrine and
jurisprudence to diverge about the possibility of expand the list of hypotheses that
allow home detention, under article 117 of the Law of Penal Execution, like the cases
of prison overcrowding or even the absolute absence of House Housed. To achieve
this goal, it was used as method of approach the deductive and, like procedure
methods, the historical evolutive, the statistical and the hermeneutic. The research
technique used was the documental research of statistics and graphics research. To
make the bibliographic research: books, magazines, scientific papers, monographies,
internet websites and jurisprudence. To accomplish the end, firstly, it started from the
analysis of the general aspects of the sentence in time, its finality and theories,
traveling for several periods until you get to present days.In a second moment, we
studied in detail the mainly Penal Execution’s institutes, among its informational
principles, the systems of deprivation of liberty, with their penal institutions. Lastly,
aimed to analyze the hypotheses which allow home detention, as the conception
across the hypotheses not allowed under article 117 of the Law of Penal
Execution.Were also presented concrete data about the prison deficit in Brazil,
strengthening the chaotic reality of the Brazilian penitentiary system. The
achievements shows that, although the principle of legality be considered one of
fundamental principles in the whole criminal system, the hypotheses covered in the
above mentioned article have been enlarged to embrace the other principle of
equivalent importance and goodness, the principle of humanity.