Criminal precautionary measures regarding night house arrest cumulated with electronic monitoring and the application of criminal detraction

Authors

  • Juliana Günther Fonseca de Mattos New Horizons College
  • Henrique Pereira Viana Pontifical Catholic University of Minas Gerais

DOI:

https://doi.org/10.5433/1980-511X.2019v14n1p65

Keywords:

Precautionary Measures. Night House Arrest. Electronic Monitoring. Criminal Detraction.

Abstract

This paper analyzes the possibility of applying the institute of detraction in the hypothesis of night house arrest with electronic monitoring as precautionary measures. The implementation of Law no. 12.403/2011 amended the Brazilian Code of Criminal Procedure as it created the possibility of several personal precautionary measures of imprisonment. Faced with a new perspective in the brazilian criminal procedural law, this paper questions whether or not it is possible to apply the detraction the custodial sentence imposed on the sentenced in the period in which he or she is submitted to night house arrest and electronic monitoring.

Author Biographies

Juliana Günther Fonseca de Mattos, New Horizons College

Lawyer

Henrique Pereira Viana, Pontifical Catholic University of Minas Gerais

Doctor 

Published

2019-04-30

How to Cite

Günther Fonseca de Mattos, J., & Pereira Viana, H. (2019). Criminal precautionary measures regarding night house arrest cumulated with electronic monitoring and the application of criminal detraction. Revista Do Direito Público, 14(1), 65–82. https://doi.org/10.5433/1980-511X.2019v14n1p65

Issue

Section

Artigos