Monitorando o Monitoramento: um retrato a partir da audiência de custódia em Salvador -BA no ano de sua implementação, 2018.

Abstract

The present investigation can be contextualized within a scenario of exponential increase in the number of people subjected to various bail conditions and the related lack of data on one of them - electronic monitoring. From this problem, the research question arose, asking how the punitive power uses electronic tracking for the criminal control of people presented at a bail hearing in the district of Salvador-BA, in the year of implementation - 2018. Seeking to operationalize the greater scope of “monitor electronic monitoring”, the study faced the question of the genealogy of power, from a Foucauldian perspective, and addressed the transition from a disciplinary society to a control society. Furthermore, he discussed the technological georeferencing system for controlling people in an open environment, notably its concept, historical roots, normative discipline and the modalities in the Brazilian legal system and in the context of bail hearing. At the central point of the work, a qualitative quantitative methodology was used, instrumented by documentary research in virtual processes, to carry out an examination of the profile and previous life of the monitored person, as well as the foundations for application and cessation of electronic monitoring, without forgetting to measure the duration of tracking people subjected to criminal prosecution. If that wasn't enough, it portrayed the various legal variables resulting from the crossing of data, especially the duration of monitoring with the type and defense and the nature of the decision in the first degree of jurisdiction, as well as the relationship between electronic monitoring and the useful result of the criminal process. The data obtained reinforce the paradigmatic thesis of selective criminal control of the young, black, low-education population, residing in the most precarious urban neighborhoods, technically primary and with a previous criminal record. That said, the empirical social study revealed a disregard by the judiciary for the fundamental right to freedom of the person monitored electronically, which demands attention from all actors who are part of the criminal procedural relationship.