Eletronic monitoring as a form of control of protective emergency measures

Abstract

This article aims to analyze the applicability of electronic monitoring in cases of domestic violence. To this end, aspects related to Law 11.340 of 2006, which is presented as a legal instrument on domestic violence against women, will be discussed, highlighting the advancement of the protection of fundamental rights and the characteristic needs of women, along the way until reaching the prioritizing protection. Subsequently, electronic monitoring will be studied as an instrument of Brazilian criminal law, with an emphasis on technological advances brought about by the evolution of society, considering the tools to assist in the fight against the advance of crime and the doctrinal divergences about the possibility of being electronic monitoring, as an instrument of state penal control, violating fundamental rights and the principle of human dignity, given the lack of specific regulation under Brazilian law. The main objective is, therefore, to analyze the possibility of using electronic monitoring as a mechanism to comply with the protection measures provided for in the Maria da Penha Law, which is precisely the problem faced in the present research: it is possible to apply electronic monitoring in the context of the Maria da Penha Law? In order to seek the answer, whose hypothesis is in the positive sense, a bibliographic review and jurisprudential analysis is performed as the methodology used, concluding in this sense by confirming the hypothesis, since as long as the premises underlying the criminal procedure are respected, it is understood as the use of such a precautionary measure is possible as a way to ensure emergency protective measures.