ANÁLISE DA MEDIDA CAUTELAR DA PRISÃO DOMICILIAR NA DETRAÇÃO DA PENA EM CRIMES HEDIONDOS

This article presents a critical analysis of the precautionary measure of house arrest in the deduction of sentences for heinous crimes. The discussion stems from the legal context of criminal enforcement in Brazil, taking into account the principle of proportionality and the limits imposed by legislation on the benefits granted to individuals convicted of more serious offenses. The precautionary measure of house arrest has been used as an alternative to pre-trial detention and custodial sentences, especially in cases provided for by law, such as for pregnant women, the elderly, and individuals with severe comorbidities. However, its application in the deduction of sentences for heinous crimes has been the subject of debate, particularly regarding the equivalence between house arrest and deprivation of liberty in a correctional facility. The methodology adopted in this research is bibliographic, qualitative, and descriptive, based on legal doctrine, legislation, and the jurisprudence of the higher courts. The study analyzes decisions from the Federal Supreme Court (STF) and the Superior Court of Justice (STJ), which at times recognize the possibility of applying sentence deduction for house arrest, and at other times impose restrictions depending on the specific conditions under which the measure was carried out.The findings indicate that although sentence deduction is considered a right of the defendant, its application in cases of heinous crimes faces interpretative challenges, as criminal legislation and part of the jurisprudence do not always recognize house arrest as an effective form of liberty restriction. It is noted that the lack of uniformity in judicial decisions may lead to inconsistencies in the application of sentences, thereby affecting equality among convicted individuals.