A vigência da lei estadual 8.685/2022: uma análise crítica sobre a lei que determina a obrigatoriedade do pagamento de aparelhos de monitoramento eletrônico pelos presos provisórios e sentenciados no estado de Alagoas

Abstract

The present work aims to analyze, in a critical way, the Law 8.685/2022, of the state of Alagoas, which transfers to the convicted and defendants of criminal processes, who are on provisional release with the precautionary measure of electronic monitoring, the costs for the maintenance of electronic equipment. The research adopts a predominantly qualitative approach. In addition, it used a bibliographical survey related to the object of study of this work in books, scientific articles, magazines, periodicals, websites, as well as related legislation. In this sense, in the first chapter, the research seeks to investigate the arrival of electronic monitoring in the Brazilian prison system, as well as its application and corresponding legislative changes until the arrival of the law that is the object of this research. In addition, it aims to develop reflections on the material content of that law, as well as its relationship with the social context in which it is inserted. In the second chapter, the probable unconstitutionality of Law No. 8.685/2022 is addressed, based on the incompetence for the state to legislate on criminal law and criminal procedure, in the light of the Federal Constitution, as well as the limits of the competence to legislate on prison law. In the third chapter, the incompetence of the referred legislation is investigated under the prism of the affected constitutional principles, with the purpose of bringing reflections on the existence of a law that aims to worsen the already weakened resocialization.