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Minister highlighted that the convicted woman repeatedly failed to comply with electronic monitoring conditions.

 

Minister  Cruz, from the STJ, overturned the decision of the TJ/MT that had granted house arrest to a woman, mother of two young children and sentenced to 14 years and eight months in prison for robbery. The minister highlighted that the defendant, in addition to committing the crime with violence, repeatedly violated the conditions of electronic monitoring, therefore not qualifying for the benefit of executing the sentence at home.

 

 

STJ denies house arrest to mother convicted of violent crime. 

The convict had benefited from house arrest because she only had a one and a half year old child and, months later, the measure was extended when it was discovered that she was pregnant again. During this period, several violations of electronic monitoring conditions were recorded. However, the court responsible for criminal executions maintained the decision, later confirmed by the TJ/MT, which considered the well-being of the defendant's children, still in early childhood.

 

But the State MP contested this decision in the special appeal, arguing that the STJ's jurisprudence on house arrest for mothers of young children does not apply in cases of crimes committed with violence or serious threat.

 

In his decision, Minister clarified that the STJ, adopting an extensive interpretation of the STF ruling in collective HC 143.641, and article 318-A of the CPP , expanded the benefit of the home regime, starting to authorize it not only in cases of preventive detention, but also to convicted mothers. However, both exclude defendants involved in violent crimes from the benefit.

 

He emphasized that, despite the presumption of the need for maternal care for offspring, crimes involving violence or serious threats, especially against one's own children or in exceptional situations, exclude the defendant from the benefit.

 

In the end, Schietti highlighted that, considering the practice of robbery by the defendant and the numerous violations of the conditions of house arrest, in addition to the presence of a parent who does not place the children in vulnerability, the TJ/MT ruling contradicts the jurisprudence of the STJ, leading to the Public Prosecutor's appeal being granted.

 

Process : AREsp 2,569,118

 

 link: https://www.migalhas.com.br/quentes/408963/stj-schietti-nega-domiciliar-a-mae-condenada-por-crime-violento