A viabilidade do monitoramento eletrônico como substitutivo imediato da pena privativa de liberdade: uma análise acerca dos delitos cometidos sem violência ou grave ameaça

Abstract

The penal electronic monitoring has emerged in the North American context at the end of the twentieth century, under the utilitarian influence and as an alternative way of offense controlling. In Brazil, the electronic surveillance has been introduced in criminal enforcement and as a precautionary measure. Since this measure restricts fundamental rights, it should be used in specific situations and as imperceptibly as possible, in order to ensure the dignity of the human person. This work aims to investigate the feasibility and advantage, from the point of view of preventive and retributive purposes of the penalty, that electronic monitoring was employed in the execution of penalties that restrict freedom, in the case of offenses that are committed without violence or serious threat, which would decrease prison and provide a harmonious coexistence between offense prevention and the regent principles of the Democratic State of Law.