HOUSE ARREST IN THE SEMI-OPEN REGIME AS A PENAL ALTERNATIVE: EVALUATION OF ITS EFFECTIVENESS IN THE CONTEXT OF THE MUNICIPALITY OF GURUPI (TO)

Abstract

This research project aims to analyze the effectiveness of home detention granted as a substitute for serving a sentence in the semi-open regime, specifically in the municipality of Gurupi (TO), due to the absence of an agricultural colony, industrial unit, or other similar facility. This measure has been adopted based on Binding Precedent (Súmula Vinculante) No. 56 of the Brazilian Supreme Federal Court (STF), which prohibits the serving of a sentence in a harsher regime due to the lack of an appropriate establishment. The research will be conducted using a qualitative approach, through bibliographical and documentary review, analysis of judicial decisions from the local court, and data provided by the Electronic Monitoring Center of Gurupi – TO. The study intends to verify whether home detention, as it has been applied, has in fact achieved its legal objectives, especially in view of the limitations on supervision and the absence of electronic monitoring in part of the cases, considering the principles that guide the execution of sentences and the preventive, retributive, and resocializing functions of punishment. The analysis seeks to understand whether the model currently adopted is not contributing to the trivialization of the semi-open regime and, consequently, fostering recidivism. The expected results aim to contribute to the legal and practical debate on the effectiveness of alternative measures within the Brazilian criminal justice system.