Prisão domiciliar como medida desencarceradora: interpretação extensiva aos requisitos subjetivos para concessão

• Autor(a) principal: Jacinto, Dieizon
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5472
• topic: Execução penal; Prisão; Domicílio; Jurisprudência; TJSC

The general objective of this monographic research was to analyze the legal possibility of an extensive interpretation to the subjective requirements for the granting of house arrest, through the analysis of judgments rendered by the TJSC, in the execution appeal, between the months of January and October 2019. To this end, a bibliographic study was conducted on the historical evolution of the penalty, its concept and purpose, in addition to an applied principle approach. In addition, 94 (ninety-four) judgments were analyzed, which deal with house arrest provided for in law 7.210/84, tracing procedural elements considered relevant, such as the insurgent party, gender of those convicted, the penalty compliance regime, the chamber analyzing the appeal, the city of origin, the grounds of the requests and decisions, also considering the reality of the Brazilian prison system. To this end, the following research methods were adopted: as for the approach, it is quantitative and qualitative research, it was classified as documentary and bibliographic, with regard to the procedure adopted for data collection, as for the level is characterized as exploratory. With the study it was found that of the 94 (ninety-four) judgments rendered by the TJSC, in the execution appeal, between January and October 2019, the grounds for the most widely used requests for the granting of house arrest, was the binding precedent n. 56 of the STF, given that the majority of those convicted fulfilled the reprimand in semi-open regime, alleging the absence of adequate facilities to comply with the regime, as well as the precariousness of Santa Catarina ergati. It remained verified in at least 26 (twenty-six) of the judged, that the request was based on subjective requirements, personal conditions of the apenados, of these, in only 3 (three) the benefit was granted or maintained in 2nd degree. It should be noted that in only 1 (one) case, in which home detention was applied, the beneficiary was collected under an open regime, as provided by the law of criminal enforcement, showing the possibility of applying home detention in cases not provided for in law. Thus, it is concluded that the application of house arrest in the context of criminal enforcement, considering the subjective requirements of those convicted, is an extremely exceptional measure, and the specific case should be analyzed for its granting.