Prisão domiciliar em regime semiaberto: uma exceção aberta pela Súmula Vinculante n. 56 diante da ausência de estabelecimentos prisionais adequados

Abstract

The present capstone project aims to discover, through dogmatic and jurisprudential research, whether the granting of house arrest based on Binding Precedent No. 56 is a measure compatible with the execution of the sentence in a semi-open regime. The lack of adequate prison facilities for serving the sentence in the intermediate regime motivated the addition of Binding Precedent No. 56, which disallows the maintenance of a convict in a more severe prison regime due to the lack of an adequate penal establishment for serving the sentence. Thus, state and higher courts have decided in accordance with the aforementioned Precedent, which establishes that, in the absence of an adequate place for the allocation of inmates in a semi-open regime, the parameters established by RE 641.320/RS must be adopted. In this regard, many questions arise concerning the legality of the aforementioned measure and the compatibility of house arrest with the execution of the sentence in a semi-open regime. That is why this research is urgent, to deeply analyze the issue and address such questions. This capstone project, regarding the scientific method, is deductive, and regarding its nature, it is applied. Concerning the approach to the problem, it is characterized as qualitative research and, regarding the objectives, it is exploratory. Finally, considering that the foundation of the monograph will be through dogmatics, doctrine, and jurisprudence, the research technique is bibliographic.