THE LACK OF PRISON UNITS SUITABLE FOR SERVING SENTENCES IN THE SEMI-OPEN REGIME IN THE STATE OF RIO GRANDE DO NORTE: REFLECTIONS ON THE ALTERNATIVE USE OF ELECTRONICS ANKLETS BRACELETS

Abstract

Article 33, §1, paragraph “b”, of the Penal Code establishes that sentences in the semi-open regime must be served in agricultural or industrial colonies or similar establishments. However, a recent change to the Penal Enforcement Law (LEP) introduced electronic monitoring as an alternative to serving a sentence in the semi-open regime, leading to discussions about potential misuse. In Rio Grande do Norte (RN), the main issue is the authorities' failure to install proper prison units for serving sentences in the intermediate regime, resulting in the use of electronic ankle bracelets, which can create a sense of impunity. This research aims to analyze the use of electronic ankle bracelets in RN for serving sentences in the semi-open regime, as well as related aspects, such as the application of the STF's Binding Precedent 56 and the difficulties of monitoring in RN for progression and permanence in the regime. The study utilized qualitative-quantitative research, the deductive method, as well as bibliographical and exploratory research. The findings concluded that the electronic ankle bracelet is used as an alternative means of serving time in the state. However, the government is failing to provide it on an ongoing basis, despite budgeting for improvements in the prison system. Therefore, it is necessary to adopt legal and social mechanisms to pressure the government into establishing suitable prison units for the semi-open regime.