Rio Grande do Norte court rules ankle monitor breakage does not mandate prison regime change

The Criminal Chamber of the Court of Justice of Rio Grande do Norte (TJRN) has upheld a decision that breaking an electronic ankle monitor does not automatically trigger a more restrictive prison regime. The ruling maintains a warning previously issued by the 3rd Regional Penal Execution Court of Mossoró.

The case involved an inmate who broke his monitoring device in March 2026. While the Public Ministry argued the act should be treated as an escape attempt and lead to a regime regression, the court determined that the circumstances of the individual must be evaluated.

Defense arguments stated the breakage occurred during a psychological breakdown, supported by medical documentation indicating bipolar affective disorder. The court noted that the individual spontaneously reported the incident through his defense and requested the reinstallation of the device. Furthermore, there were no indications of an attempt to flee or the commission of new crimes. The rapporteur, Judge Saraiva Sobrinho, stated that a change to a more rigid regime should only occur when there are signs of flight attempts, repeated non-compliance, or intent to evade monitoring.