A substituição da pena cumprida em estabelecimento carcerário por regime domiciliar como forma de proteção à integridade física dos apenados em tempos de pandemia por Coronavírus

Abstract

The coronavirus pandemic influenced several areas of law on the national scene, and criminal law, in particular the execution of sentences and the rights of inmates, was one of the most affected areas. The present work is intended to analyze the practice of replacing the sentences served in the prison system by the domicile regime as a way of protecting the principle of physical integrity of the inmates, who have the risk of being violated due to the pandemic. We started from the premise of the resocializing function of the penalty defended by Ferrajoli, in his work Direito e Razão, Teoria do Garantismo Penal. In the end, the feasibility of the practice was concluded, taking into account the recommendation No. 62/2020 of the National Council of Justice and the precedents brought, in addition to the need in pandemic times, considering the Unconstitutional State of Things that enables the contamination rate in greater numbers within the Brazilian Prison System.