Care and fundamental rights the case of the collective habeas corpus for parents and careers of children and persons with disabilities

• Autor(a) principal: Vieira, Regina Stela Corrêa
• Data de Publicação: 2020
• Outros Autores: Tramontina, Robison, Angotti, Bruna
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/26616
• topic: Fundamental Rights; Habeas Corpus 165.704 DF; Habeas Corpus 143.641 SP; Care; Direitos fundamentais; HabHabeas Corpus 165.704 DF; Habeas Corpus 143.641 SP; Cuidado

In the present case study, we analyze Habeas Corpus 165.704 DF, aimed at all people who are in prison and are responsible for disabled and children. The order was granted by the Supreme Federal Court (STF) on October 20, 2020, expanding the understanding of the decision of Habeas Corpus 143.641 SP that granted, with some exceptions, the substitution of pre trial detention for home prison in favor of all women who were pregnant or mothers to children up to 12 years of age and people with disabilities. This case deserves to be studied precisely because it broadens the understanding that not only mothers are responsible for the care of their children, recognizing other people as primary caregivers, therefore, breaking with the traditional sexual division of labor. This discussion, which is urgent and must also be deepened in other areas, acquires special relevance in times of the Covid-19 pandemic, in which care tasks were exacerbated.