Kim Kataguiri: The original substitute, by inserting the provision in the section intended for restrictive penalties, ends up attributing an inadequate legal nature to the measures provided, which are not configured as substitute penalties, but rather as conditions and executional restrictions linked to the serving of the sentence and to electronic monitoring.
Kim Kataguiri: The new wording, by instituting art. 146-E in continuity with the electronic monitoring regime (arts. 146-A to 146-D of Law No. 7,210, of 1984), confers greater systemic coherence, normative clarity and legal certainty, eliminating potential controversies about the competence for imposing and modulating the measures in the course of sentence execution.
The legislative proposal promotes an important improvement of the penal execution system applicable to those convicted of sexual crimes committed against children and adolescents, by structuring a set of restrictive measures aimed not only at punishment but above all at preventing recidivism and at the full protection of childhood.
Kim Kataguiri: In this context, the mandatory imposition of geographic exclusion perimeters during exits from the prison establishment, serving a sentence in open regime or enjoying executive benefits deserves particular emphasis.
Kim Kataguiri: The measure introduces preventive rationality into the system by allowing the Judiciary to establish exclusion zones intended to prevent the convicted person from approaching victims, family members and environments predominantly frequented by children and adolescents.