New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure
The paper highlights the ambiguity of the relationship between electronic surveillance of the accused subject to precautionary measures and the principle of minimum sacrifice of personal freedom, dissipating the current stereotype about the suitability of such devices to encourage less use of custod...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2019-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/289 |
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| author | Daniele Negri |
| author_facet | Daniele Negri |
| author_sort | Daniele Negri |
| collection | DOAJ |
| description | The paper highlights the ambiguity of the relationship between electronic surveillance of the accused subject to precautionary measures and the principle of minimum sacrifice of personal freedom, dissipating the current stereotype about the suitability of such devices to encourage less use of custody in prison. Furthermore, the continuous technical evolution of surveillance devices risks degrading the dignity of the person. Another issue underlined by the author concerns the treatment to which the individual accused must be subjected in case in which the public administration is unable to guarantee a sufficient number of electronic devices. The conclusion is that, in the absence of available equipment, the judge will have to choose the measure of house arrest, which is milder than custody in prison, in order not to violate the prohibition of excess in the restriction of personal freedom. |
| format | Article |
| id | doaj-art-77f885d7c3604a2c9c730ccdb4fb31f8 |
| institution | Kabale University |
| issn | 2525-510X |
| language | English |
| publishDate | 2019-10-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-77f885d7c3604a2c9c730ccdb4fb31f82025-08-20T03:33:45ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2019-10-01531255127510.22197/rbdpp.v5i3.289153New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary MeasureDaniele Negri0Università degli Studi di FerraraThe paper highlights the ambiguity of the relationship between electronic surveillance of the accused subject to precautionary measures and the principle of minimum sacrifice of personal freedom, dissipating the current stereotype about the suitability of such devices to encourage less use of custody in prison. Furthermore, the continuous technical evolution of surveillance devices risks degrading the dignity of the person. Another issue underlined by the author concerns the treatment to which the individual accused must be subjected in case in which the public administration is unable to guarantee a sufficient number of electronic devices. The conclusion is that, in the absence of available equipment, the judge will have to choose the measure of house arrest, which is milder than custody in prison, in order not to violate the prohibition of excess in the restriction of personal freedom.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/289vigilância eletrônicaliberdade pessoal do imputadomedidas cautelares. |
| spellingShingle | Daniele Negri New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure Revista Brasileira de Direito Processual Penal vigilância eletrônica liberdade pessoal do imputado medidas cautelares. |
| title | New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure |
| title_full | New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure |
| title_fullStr | New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure |
| title_full_unstemmed | New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure |
| title_short | New Technologies and Restriction of Personal Freedom: Electronic Surveillance of the Accused Placed under a Precautionary Measure |
| title_sort | new technologies and restriction of personal freedom electronic surveillance of the accused placed under a precautionary measure |
| topic | vigilância eletrônica liberdade pessoal do imputado medidas cautelares. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/289 |
| work_keys_str_mv | AT danielenegri newtechnologiesandrestrictionofpersonalfreedomelectronicsurveillanceoftheaccusedplacedunderaprecautionarymeasure |