Woman, dangerous and mother: an analysis of the legal discourses that deny the granting of house arrest

• Autor(a) principal: Monteiro Garcia, Renata
• Data de Publicação: 2023
• Outros Autores: Trindade Silva Borges, Jeferson, de Araujo Rocha, Ana Carolina
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/791
• topic: Criminology; preventive detention; maternity; Legal Landmark of Early Childhood; Criminologia; Prisão Preventiva; Maternidade; Marco Legal da Primeira Infância

After the enactment of the Law n. 13.257 (2016), known as Legal Landmark of Early Childhood, the possibility of converting preventive detention into house arrest for pregnant women or with children up to 12 years old was conceived. In this sense, this study aimed to analyze, in the light of black feminist criminology, how the Judiciary of Paraíba has pronounced itself about the granting of the house arrest for these women. For that, the adopted methodology was the documental research, with a qualitative approach, analyzing the Court of Justice of Paraíba Criminal Chamber’s decisions in habeas corpus between 2018 and 2019. Thereby, 57 decisions denying the conversion of detention to house arrest were examined, the concern lying on the legal discourse around the women who would have committed the crime. It was found that the reasoning used is often based on a moral discourse about women. Still, it can be seen that the house arrest is necessary and important as an extrication policy and also as a preservation of maternal bond, although it is yet another form of deprivation of liberty. Therefore, it is understood that one should have as an end in view a society in which no woman needs to be incarcerated.