Prison and electronic monitoring

(dis)continuities in the tradition of the exercise of punitive power in Brazil

Abstract

This scientific article addresses electronic monitoring as a criminal policy in the Brazilian criminal justice system, examining its legitimizing discourses and its (dis)continuities in relation to the tradition that characterizes the exercise of punitive power in Brazil. The study aims to analyze whether electronic ankle bracelets represent a real alternative to prison or whether they constitute a technological extension of mass incarceration, reaffirming the dynamics of control, monitoring, and surveillance in relation to the most vulnerable segments of society. The methodology adopted in the construction of this academic work follows the hypothetical-deductive method, employing a qualitative approach and exploratory bibliographic-documentary research. The results indicate that electronic monitoring, despite being identified as a precautionary and punitive measure to address the dilemmas of the national prison system, maintains a close relationship with prison, shifting control from physical space to the individual’s body, expanding the boundaries of jus puniendi and calling human rights into question. Therefore, corroborating the embryonic hypothesis of this scientific investigation, it is concluded that electronic monitoring has proven to be a mechanism for reinforcing the control traditionally exercised by the criminal justice system, lacking a democratic perspective aimed at ensuring its compliance with the constitutional text.