THE APPLICATION OF ELECTRONIC ANKLE BRACELETS TO AGGRESSORS AS AN EMERGENCY PROTECTIVE MEASURE UNDER THE MARIA DA PENHA LAW: EFFECTIVENESS OF PROTECTION OR RISK TO DUE PROCESS?

Abstract

Domestic and family violence against women remains one of the most persistent and serious phenomena in Brazilian society, demanding increasingly effective legal responses from the State. This study aims to analyze the application of electronic ankle monitoring on aggressors as an urgent protective measure under the Maria da Penha Law, investigating whether such instrument represents effectiveness in victim protection or a risk to due process of law. The theoretical framework is based on the contributions of Maria Berenice Dias, Guilherme de Souza Nucci, Aury Lopes Júnior and Renato Brasileiro de Lima, as well as relevant legislation, with emphasis on Law No. 11.340/2006 and Law No. 15.125/2025. The methodology is qualitative in nature, with a deductive approach, using bibliographic and documentary research as technical procedures, and content analysis as a data treatment technique, following the guidelines of Lakatos and Marconi (2017) and Gil (2019). The results indicate that electronic monitoring constitutes a legally legitimate and preventively relevant instrument, positioned as a proportional alternative between unrestricted freedom and pretrial detention. It is concluded that its effectiveness depends not only on normative provisions, but on institutional integration among the agencies responsible for monitoring, on the concrete reasoning behind judicial decisions, and on strict observance of the constitutional principles governing democratic criminal proceedings.