Disrespecting Electronic Anklet Perimeter Is Not Misconduct

For not being among the conduct that constitute misconduct set out in the Penal Executions law exceed the perimeter established for monitoring electronic anklet is not considered serious lack of apenado.

The decision is the Sixth Chamber of the Superior Court of Justice, who denied a request of the Public Ministry of São Paulo for the installation of verification procedure of serious misconduct committed by an inmate spotted outside the inclusion of electronic anklet.

As the collegiate of the Supreme Court, to observe the perimeter established electronic ankle bracelet monitoring configures mere breach of mandatory condition authorizing the application of disciplinary action, but not configure, even in theory, the practice of misconduct.

The man, who was serving time in semi-open regime, was received by temporary output of mothers day. However, as the trace, he was identified outside the declared address at night. The MP-SP requested installation procedure of verification of serious misconduct committed by the apenado. However, the request was denied.

The MP-SP then appealed to the Court of Justice of São Paulo which determined the opening of procedure, recognizing the arrested as possible lack discipline of serious nature. The TJ-SP determined yet the suspension of semi-open regime.

Represented by the Public Defender’s Office in São Paulo, the prisoner appealed to the Superior Court of Justice to give away the understanding of the Court. “Such conduct is not provided for in the exhaustive list in article 50 of the Penal Executions law and cannot, therefore, even in principle, be recognized as a lack of serious nature, disciplinary penalty of offense the principle of legality”, recorded the Minister Maria Thereza de Assis Moura, Rapporteur.

She explained in your decision, otherwise the chance of disruption of electronic ankle bracelet or anklet usage without enough battery, which makes electronic monitoring, which could equate to ultimately own escape, in the event of non-compliance include perimeter declared to the night detected by tracking GPS system itself, the apenado is kept under normal surveillance , no remaining configured grave, but, Yes, non-compliance with mandatory condition authorizing disciplinary action under article 146-C, § 1 of the Penal Executions law.

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