O uso do monitoramento eletrônico em alternativa ao cárcere e sua (IN)compatibilidade com o princípio da dignidade da pessoa humana.

Abstract

The current situation of the Brazilian prison system demonstrates that there is a utopia to believe that the prison is able to resocialize the inmates. Under these circumstances, the search for the establishment alternative sentences for not dangerous convicts, in order to prevent them from being corrupted by the flawed prison system, it comes up the idea of electronic surveillance. The possibility of using that brand new technology serving the criminal justice has raised heated discussions on legal and social contexts. The doctrine divides and highlights the questioning about the compatibility of the measure with the principle of human dignity. The opponents of the mechanism of electronic surveillance argue that their use violates the principle of human dignity because it represents an invasion by the State to the privacy of the monitored convict. Opposing this criticism, the supporters argue that this technology came up to exactly the rescue the mentioned principle, which is violated during the daytime when the penalty is executed in prison. This being done, the scientific work has the purpose of verify if the electronic surveillance of people exposed to the prison is compatible with the principle of human dignity. The study under discussion shows itself of great significance to the legal field, justified by the intention of contribute to the formation of a more rational position concerning the discussion that involves electronic surveillance and the principle of human dignity. In this work, it was used the research method called deductive reasoning, the method of procedure historical-evolutionary, as well as the comparative method. In what concerns the technique of research, the work is founded in the indirect documentation, especially in the bibliographic research, performed in specialized books and related doctrine, journals, published articles in magazines and on the Internet. After the proposed study, it is clear that, faced with the possibility of monitoring regarding the intimacy or imprisoning with every restraint peculiar to the imprisonment, the right to privacy must give way in favor of the application of the electronic surveillance. Hence, it is concluded that the compatibility between the electronic surveillance and the principle of human dignity depends on the way the measure is imposed, with the privacy not being an obstacle to its application. So, once established ethical means for the application of the electronic surveillance, there is no need to talk about violation, but in true compatibility of the measure with the principle of human dignity.