Monitoração eletrônica: uma alternativa ao cárcere

Abstract

This work has as its central theme the electronic monitoring, specifically in what concerns to be an alternative to the prison. In this sense, the electronic monitoring system is questioned as an alternative to reduce the damages of incarceration to the dignity of the inmates. It is understood that this technology poses positively as an alternative to harm reduction. As a reference for this text, Law 12,258, dated June 15th, 2010, which amended the Criminal Code and the Criminal Enforcement Law was used, allowing the use of the equipment and also the Law 12,403, dated May 4th, 2011, which changes, among others, the Article 319 of the Code of Criminal Procedure, providing for electronic monitoring as a precautionary measure different from the prison. The method used was the deductive, as it was based on the analysis of the effectiveness of electronic monitoring in the broad sense, for the particular: analysis of the effectiveness to reduce the damage of incarceration to the dignity of the human person. The research starts with the details of electronic monitoring, from its history, through the process of implementation in other countries, especially Brazil, and ending with an analysis of favorable or unfavorable arguments for the use of technology. Throughout this work, we sought to provide information that would enable a detailed analysis of the electronic monitoring, leading to the conclusion that it is necessary to better structure the electronic monitoring with regard to the psychosocial monitoring of the monitored, putting it away from subjective and institutional processes that mortify the subject.