Electronic Monitoring in Public Penal Management

Abstract

This article aims to address the legal aspects of electronic monitoring of individuals as a form of public management in the penal system, defining and detailing its operation, as well as the advantages and disadvantages of using this electronic mechanism. Electronic monitoring allows real-time tracking of individuals through a monitoring center, assisting the state in overseeing compliance with judicial determinations while also alleviating prison overcrowding—a measure that has been widely adopted and debated in recent times. This article focuses on contextualizing the issue of electronic monitoring in the country, covering all its pragmatic aspects.

To achieve this, it is necessary to provide a brief overview of public penal management and the national prison system. Brazil has one of the largest prison populations in the world, and due to a lack of investment, its penitentiary system is in a state of collapse. Public servants in the system, such as police officers and prison guards, suffer from a lack of infrastructure. Given this dire situation, there has been a recent increase in judicial decisions mandating the use of electronic monitoring instead of incarceration, making this indirect surveillance system a growing reality. Whether it will bring more benefits than harm to the penal system remains to be seen.