Monitoring monitoring: a portrait from the custody hearing in Salvador-BA in the year of its implementation, 2018
Control. Electronic monitoring. Bail hearing. Criminal proceedings.
This study 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 its 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 into a society of control. Furthermore, it is argued that 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 defence 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. That said, the empirical social study revealed a disregard 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.