Monitoramento eletrônico: aplicação no ordenamento jurídico brasileiro

• Autor(a) principal: Hata, Fernanda Yumi Furukawa
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5709
• topic: Monitoramento eletrônico; Tornozeleiras eletrônicas; Direito brasileiro; Execução penal; Direito norte-americano; Electronic monitoring; Electronic ankle machines; Brazilian law; Criminal law, USA laws; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL

The present work makes an analysis of the electronic monitoring with the use of the eletronic ankle machines in the criminal Law, verifying your concept found in the doctrine and legislation, how could be the functioning and application of it. For being a foreigner creation, the object of this dissertation was studied in a confrontation with the rights and guarantees due to the fundamental law, also in international agreements, to prevent that these could be affected by the use of the eletronic ankle machine. Also is a concern how the electronic monitoring may be applied in Brazil, therefore, were analyzed the Laws projects and Laws already existing here, also were introduced suggestions and critiques aiming the adjust of the institute for the Brazilian land, because the laws from a country are very unique, and it is impossible to bring from a foreign country of the electronic monitoring without the adaptation to our laws. In the majority of the cases, the juridical area is against the technological changes and had happened restrictions to the use of the writing machine, computer, and today there are obstacles to the use of the eletronic ankle machines, so this problems were analyzed to understand and look for a way to overcame the fear of the electronic monitoring. In fact, the creation and development of the electronic monitoring didn t happen here in Brazil, so that was inquired in the USA the beginning, development and results of its use, which aloud to obtain the advantages and disadvantages of the mechanism. The method used in this essay was the search on books, jurisprudence, Laws, internet, and also was offered suggestions and critiques of the information found in the work