A possibilidade do cumprimento da pena em prisão domiciliar através de hipóteses não previstas no Artigo 117 da lei lei de execução penal.

Abstract

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.