Kim Kataguiri: A study published in the journal Revista Paulista de Pediatria on reported cases in Santa Catarina between 2009 and 2019 (Sinan) identified recurrence in 51% of occurrences, with risk factors associated with the fact that the place of occurrence was the victim's own home and that the aggressor was a member of the family nucleus.
Kim Kataguiri: Data from the State of Paraná, covering 13,403 notifications between 2017 and 2021, showed that 67.8% of cases occurred in the domestic environment.
This scenario shows that the protection of the minor cannot be limited to the period of the aggressor's incarceration and requires effective control mechanisms during the entire execution of the sentence and after it.
Kim Kataguiri: First, the amendment makes a relevant legislative technique adjustment by repositioning the normative discipline in the appropriate context of the Law of Penal Execution.
Kim Kataguiri: The original substitute, by inserting the provision in the section intended for restrictive penalties, ends up attributing an inadequate legal nature to the measures provided, which are not configured as substitute penalties, but rather as conditions and executional restrictions linked to the serving of the sentence and to electronic monitoring.