O monitoramento eletrônico como alternativa ao tradicional regime semiaberto: uma análise à luz da experiência do sistema penitenciário cearense.

Abstract

The finding about the inefficient experience of freedom as an instrument of re-education and reprimand, as well as the high costs of maintaining the prison system has led the State to seek and create alternative measures and solutions. In this scenario, the electronic monitoring of prisoners emerges as a possibility to keep a prisoner out of prison. The present study is careful to carry out an analysis of the electronic monitoring implemented in Brazil and, notably, its use to replace the semi-open regime, in the light of the experience implemented in the State of Ceará. To do so, authorize an analysis of the historical evolution of the right to punish and the purposes for which penalties are applied. It also addressed the ways of serving custodial sentences, consisting of closed, semi-open and open sentences, in addition to Law No. 12.258 / 2010, which added the possibility of electronic monitoring for cases of temporary departure and house arrest . In view of the fact that in the absence of vacancies without a semi-open regime, states use electronic monitoring as an alternative to serving their sentences under this regime, despite the fact that the Law did not provide for the application of electronic “ankling” as a substitute for the traditional semi-open regime. In view of this fact, the research problem remained evident: to what extent the use of the electronic ankle bracelet as a substitute for the semi-open regime reveals a measure that fits the Brazilian legal system? To resolve this question, the deductive approach method was used, as well as the exegetical-legal and historical-evolutionary procedure. As for the research techniques, the bibliographic search procedure was used, making a bibliographic survey consistent in the study of doctrines, jurisprudence and dissertation monographic works, in addition to documentary research on official websites and databases and statistics. This time, despite some criticisms and shortcomings pointed out throughout the work, it was found harmony with the legal system as a possibility of serving the sentence considered freedom without a semi-open regime with the direct use of the electronic anklet.