Kim Kataguiri: By enumerating educational establishments, children's parks, squares and other locations recognized as frequented by minors, the text reduces subjectivity in the execution of the measure and facilitates its practical supervision by the responsible bodies.
Kim Kataguiri: Furthermore, by allowing the judge to adapt the perimeter when there is a concrete conflict with obligations of residence, work, study or health treatment, the proposal preserves the proportionality of the restriction and avoids situations incompatible with the minimally viable social reintegration of the convicted person.
Another point of special relevance lies in the expansion of functional and professional restrictions applicable to the convicted.
Kim Kataguiri: The ban on engaging in activities aimed at the under-14 public and the prohibition of holding corporate or managerial participation in establishments intended predominantly for children reflect a consolidated criminological understanding that institutional environments directed at childhood often function as spaces of access, approach and the formation of bonds of trust between aggressor and victim.
Kim Kataguiri: By preventing those convicted of sexual crimes against minors from occupying positions that allow recurrent contact with children, the text reduces objective risk factors and strengthens the State's duty of preventive protection.
