Desencarceramento em meio à pandemia: A aplicação da recomendação nº 62/202 do Conselho Nacional de Justiça nas decisões do Tribunal de Justiça de Mato Grosso

Abstract

The Covid-19 pandemic brings many challenges to Brazilian society and, especially, to its most vulnerable groups. One of these groups is made up of incarcerated people. As a result, in mid-March 2020, the National Council of Justice issued Recommendation No. 62/2020, in which it suggests that courts and judges adopt measures to reduce the risks of contamination and the general impacts of the pandemic on workers. and served by the justice system. Among them, there are specific recommendations for magistrates with jurisdiction over criminal enforcement to consider, among other measures, the replacement of deprivation of liberty and semiliberty prisons with measures in the open environment or “granting house arrest in relation to all persons imprisoned in prisons”. serving sentences in an open and semiopen regime, subject to conditions to be defined by the execution judge”.For that, the methodology used was based on the analysis of decisions, aided by the techniques of bibliographic research and document analysis. by the culture of incarceration, considering that the extrication proposals, with regard to the decision-making behavior of the Court of Justice of Mato Grosso (TJMT), are still adopted in a timid way among the magistrates, in the same way, they are widely criticized by the society, which understands that incarceration represents the most adequate solution.