HOME PREVENTIVE PRISON AND ITS EXCEPTIONS
WOMEN'S OR CHILD'S RIGHT? ARTS. 318 AND 318-A OF THE BRAZILIAN CRIMINAL PROCEDURE CODE
DOI:
https://doi.org/10.21680/2318-0277.2020v8n2ID21768Keywords:
House arrest, Exception, Mother, ChildAbstract
This article aims to analyze the institute of preventive house arrest and
the recent legal and jurisprudential changes on the subject in Brazil. For
this, it will be presented how the process that promoted the inversion in
the interpretation for the granting or not of thebenefit under study.
Within the interpretative evolution, it is intended to present that this is
a necessary right, although there are certain requirements for its
concession. In addition, it addresses the fact that mothers or guardians
of children or disabled people are the direct beneficiaries of the
measure, but it is the vulnerable ones that must be effectively
safeguarded. Thus, in the end, it will be demonstrated that there are
exceptions to the right under analysis, but always with the objective of
preserving the rights of the child or the disabled.
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