NEW HYPOTHESES FOR GRANTING THE HOUSE ARREST WITH THE ADVENT OF LAW 13.257/2016

Abstract

The present research aims to analyze the changes brought about by the First Childhood Law (Law 13,257 / 2016) and the new hypotheses brought to the granting of house arrest, inserted in items IV, V and VI of art. 318 Criminal Procedure Code, which extended the granting of the house arrest to the pregnant woman, regardless of the gestation month, added the hypothesis of replacing the prison if the woman had a child of up to 12 years of age incomplete and extended the concession to the man if he alone is responsible for the care of the child of up to twelve (12) incomplete years. and amended section IV, specifying the replacement of custody by house arrest in cases where the prey is in the condition of pregnant. Prior to the amendment brought by the Law, said article already defined hypotheses of the concession, which would be applied at the discretion of the judge granting or not the substitution. Thus, it is sought to present how the judge judges each specific case, admitting or not the substitution of preventive custody, analyzing the crime committed by the agent, security of public order, or the best interest of the child.