The house arrest granted to semi-open prisoners due to covid-19

Authors

Janaina Fernandes da Silva

Keywords:

concession, exceptionality, pandemic, house arrest, semi-open regime

Synopsis

This course conclusion work aims to discuss the granting of house arrest to semi-open prisoners in the context of the (Covid-19) pandemic, analyzing in particular its legality, based on the Criminal Procedure Code, the Law of Criminal Execution and CNJ Recommendations 62/2020 and 78/2020. Brazilian law provides for the granting of house arrest to prisoners who are in an open regime, listing the applicable hypotheses. However, the pandemic caused by Covid-19 and the high number of deaths, as well as the recommendations of the world health organization, gave rise to an atypical scenario, which also affected the prison system, which led the CNJ and TJMG to edit resolutions providing for the granting of house arrest in specific cases, including covering prisoners in a semi-open regime. The methodology used to carry out this research is qualitative, as its purpose is to analyze, understand and interpret certain behaviors, opinions, expectations, feelings, perceptions regarding the applicability of the Criminal Enforcement Law and the Criminal Procedure Code regarding the granting of the house arrest in a pandemic scenario. It can conclude that the granting of house arrest to prisoners who are serving their sentence in a semi-open regime is an exceptional measure, and should only be granted upon individual analysis of each case, considering the particularity of each convict.

References

SILVA, Janaina Fernandes da. A prisão domiciliar concedida a presos em regime semiaberto em decorrência da covid-19. 2021. 49f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 16, 2021