Kim Kataguiri: The prohibition on residing or overnighting in a housing unit where a child under 14 lives, except by specific judicial authorization, speaks directly to national data indicating a high incidence of sexual abuse perpetrated within the domestic or family environment.
Kim Kataguiri: By requiring prior judicial control for exceptional hypotheses of cohabitation, the proposal prioritizes the protection of the child without completely eliminating the possibility of individualized analysis in specific situations.
(...) It is also important to note that the text preserves an important dimension of constitutional balance by admitting reasoned flexibilizations when there are no material conditions to implement the measures or when their full application would make essential obligations related to the convicted person's housing, work, study or health impossible.
Kim Kataguiri: This clause of judicial adaptation reinforces the proposal's compatibility with the principle of individualization of the sentence and counters criticisms related to the adoption of absolutely inflexible automatic restrictions.
Kim Kataguiri: Finally, the proposed amendments prove coherent with the logic already existing in the Law of Penal Execution regarding electronic monitoring, supervision of judicial conditions and regression of regime for noncompliance with obligations imposed on the convicted.