Kaminski, Valter AugustoCurzee, Raissa2024-02-282024-02-282020https://repositorio.uricer.edu.br/handle/35974/519The present work aims to study and analyze the instituition of home arrest. Drawing notes on the possibility or impossibility of establishing house arrest, based on the Doctrinal and Jurisprudential divergences. Firstly, a research and study of Section 117 of the Criminal Execution Act was carried out, and also the Section 318 of the Code of Criminal Procedure, to clarify the discretion for the applicability of home arrest. Also, the types of prison regimes and their applicability had to be analysed in order to question the guarantee of public order as well as the guarantee of enforcement of Criminal Law. Subsequently, it was possible to present the hypotheses of applicability of home detention on the basis of the Code of Criminal Procedure, the Law on Penal Executions, as well as "extra-legal" home arrest. Finally, the Erechim State Prison Prohibition Decrees were analysed in order to demonstrate the issue of overcrowding and lack of conditions in the reception of convicts, thus highlighting the inefficiency of the State in the maintenance of prison houses. This triggers an increase in requests for home arrest in order to establish better conditions for convicts.pt-BRDireitoPrisão domiciliarLei de execução penalIneficiência do EstadoTrabalho de Conclusão de Curso