Prisão domiciliar: análise da concessão de prisão domiciliar ao sentenciado a cumprimento de pena em regime fechado ou semi aberto

Abstract

The Federal Constitution adopted the principle of the humanity of punishments, in which the State must be guided by benevolence in the application of criminal punishment with a focus on the resocialization of the victim. Thus, the prison situation in Brazil is not a secret, and in many cases we have witnessed the lack of appropriate prisons for the convicted. The major issue to be discussed is that deprivation of liberty in the present situation may not be the best route if it is applied in isolation, and the enforcer of the law should align it with the other sentences, alternative penalties, to house arrest, because one must at least seek to guarantee worthy conditions of survival in the jail, as well as to seek adequacy and control of the alternative routes in order to reach the objective and resuscitation character of the sentence. The investment required to ensure the humanized prison is always slow, while part of the criminal doctrine believes that deprivation of liberty is not the best remedy. Inasmuch as no effective way to combat and punish perpetrators of serious crimes has been found, it goes in circles without seeking a way out and begins a study of the application of alternative sentences, since no one in their right mind can be against the establishment of restrictive sentences of rights for novice offenders, the author of a crime of lesser offensive potential, non-violent, and finally, not shocking, allusive to the military seara. (NUCCI, 2014, p.127). In this context, it is important to know the criminal law and its penalties, as well as it is necessary to define some principles that guide criminal law, this being the last ratio of the right, that is, one must first seek the other areas of law, such as for example, civil, administrative, constitutional law for the resolution of conflicts, effectively applying the principle of minimum state intervention.