The lack of equality in granting house arrest in the pandemic setting

• Autor(a) principal: Pereira, Ana Carolina Barbosa
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública do Distrito Federal (Online)
• Texto Completo: http://revista.defensoria.df.gov.br/revista/index.php/revista/article/view/113

The impacts of COVID-19 pandemic are particularly noticed by the most vulnerable groups. People deprived of their liberty, who already live with the precariousness of the state punitive system and the overcrowding of prisons, now suffer from an invisible, easily transmissible threat that has made them even more invisible. This current paper has as main reference the Recommendation 62/2020 of the National Council of Justice of Brazil, which guided the Judiciary across the country to adopt measures to contain the virus, but unfortunately, has not been fulfilled, under the allegation that it is not binding. Based on the jurisprudence of the higher courts and the legislation in force, the possibilities of replacing preventive prisons with house prisons are presented, in comparison with the new regulation brought by the National Council of Justice of Brazil. It also focuses on the interpretation given by some courts to Resolution 62/2020, establishing the contradiction of decisions in similar cases, to the damage of the principle of equality and legal certainty. Legislative reactions to the Recommendation (backlash effect) are also analyzed based on international human rights jurisprudence.