A maternidade no cárcere: um estudo sobre a prisão feminina e o exercício da maternidade no sistema prisional brasileiro

• Autor(a) principal: Maciel, Isadora Corrêa
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15816
• topic: Maternidade; Presídio; Habeas Corpus nº 143.641

The present paper deals with the situation of women who experience motherhood in the Brazilian prison system and, in particular, on the applicability of Habeas Corpus decision N⁰ 143,641 in this situation. The research was bibliographic and documentary. When analyzing and describing the precarious situation found in the prison system, it also addresses female participation in crime and, consequently, in the prison population in Brazil. The profile of incarcerated women and the predominance of females in the crime of drug trafficking were verified. Then, it deals with the particularities of women in prison and, specifically, the exercise of motherhood. It also addresses the consequences of the prison system on the development of children, who need, as a result of the mother's incarceration, to spend the first months of life inside prisons. It was concluded that, in order to safeguard a better well-being of pregnant women, infants and children or handicapped under the care of prisoners, Habeas Corpus nº 143.641 was judged, which granted house arrest to all women in pre-trial detention. that had the required conditions. It was also concluded that the measure taken is necessary to guarantee for the children the maintenance of family and maternal bonds and the best solution to the problems experienced. However, one should not lose sight of the need to grant the magistrate discretion to grant substitutive house arrest, in order to prevent criminal organizations from using the figure of motherhood to circumvent the law.