Open-Air Prison

the Ineffectiveness of Electronic Monitoring of People as an Alternative to the Brazilian Prison System

Abstract

Electronic monitoring was introduced in Brazil in 2010 by Law No. 12,258, with the aim of alleviating prison overcrowding, reducing state costs, and facilitating the resocialization of individuals released from the prison system. However, the increasing number of individuals under electronic monitoring indicates that the system is not fully achieving its goals. The Supreme Federal Court recognized this failure by declaring the Brazilian prison system a “state of unconstitutional affairs” in the ADPF 347 ruling. In 2023, Brazil had 851,493 incarcerated individuals, including 100,755 under electronic monitoring (SENAPPEN, 2023). The inhumane conditions in prisons persist, while electronic monitoring creates a new form of confinement, the “open-air prison”. This research aims to assess whether electronic monitoring is truly an alternative to incarceration or merely an extension of it. The hypothetical-deductive approach was used, involving the selection of relevant bibliography to form the theoretical framework and critical analysis of proposed solutions. The research was based on a survey of existing scientific productions and legislation. It concludes that electronic monitoring stigmatizes individuals, hindering their social reintegration, employment, and education, and keeping them under constant surveillance and exclusion. Thus, the electronic ankle monitor reveals itself as an extension of the prison system, perpetuating social control outside traditional prisons.