Searching for the perfect feather

electronic monitoring and sanctions in multiplicity

Abstract

It has been observed, for centuries, the constant search of civilizations to achieve the perfect criminal penalty, with electronic human monitoring technology being one of the measures used to achieve this. Arriving in Latin America gradually, the tool started to be used in Brazil in 2010, having presented both, advances and concerns, among which, the one that consists of the central problem of the present investigation: is it possible to achieve the (so-called) resocializing function of punishment via electronic monitoring in the face of the states’s exacerbated concern with its punitive role? In search of answers, the deductive approach method was used, starting from the hypothesis that there is an impossibility of fulfilling the resocializing function of the sentence by the mere use of electronic monitoring, given the exacerbates state concern with its punitive role, resulting in a recognized Unconstitutional State of Affairs in the Brazilian prison system, whether “inside” or “outside” the walls. The procedural methods used were the bibliografic, the legislative and the empirical - this one, from interviews with people monitored by the Penal Electronic Monitoring Institute of the 4th Penitentiary Region of the Superintendence of Penitentiary Services of the State of Rio Grande do Sul -. Subdivided into two sections, the article dealt with general aspects of the technology, especially in the largest country in Latin America, which is Brazil; also analyzing inconsistencies between the functions of the penalty in this context, with emphasis on the analysis of the Bill n. 1335/24; finally concluding with partial proof of the preliminary assessed hypothesis.