A maternidade no cárcere à luz dos direitos humanos das mulheres presas no Brasil.

Abstract

The present work seeks to carry out an analysis of motherhood in the Brazilian female prison. As a result of the notable growth in the rate of female incarceration, where Brazil occupies the third position in the world ranking, second only to the United States and China among the countries that incarcerate the most women in the world, other parallel realities emerge in this scenario and that call for by state protection. Among them, motherhood behind bars stands out, the central theme of this research, demonstrating that there are countless children growing up behind prison walls, in a situation of total vulnerability, together with their mothers. Despite legislative efforts to support women and children in this situation, reality reveals the ineffectiveness of devices in the face of this growing phenomenon, demonstrating that State bodies themselves resist the tools that aim to enable the exercise of dignified motherhood, among them, highlights The Legal Framework for Early Childhood provides for the granting of house arrest, in order to enable a childhood far from prison reality. The reluctance to implement such measures reveals the sexist and chauvinist vision present in the Brazilian prison environment, as prisons emerge from an androcentric vision, designed and built for men. Therefore, women are not sentenced only for criminal transgression, but rather for breaking the “feminine ideal”, based on socially constructed gender stereotypes. In this scenario, the question arises: observing the constitutional provisions and the principle of human dignity, to what extent the public reception policy for incarcerated women guarantees the full exercise of motherhood in the Brazilian prison environment, considering the provisions of the Legal Framework for Early Childhood ? The general objective of the research is to analyze the reception of incarcerated mothers and their children in the Brazilian prison system, evaluating the applicability of human rights regulations, especially with regard to human dignity. The relevance of research on the topic is justified by the reality of human rights violations of women, mothers and their children, whose scenario reflects negatively on both, especially children, since the unhealthy and precarious conditions present in prisons compromise the full development of children. To this end, the method used is inductive and the research approach is qualitative, using bibliographic research as a technique. In the final considerations, it was found that the Brazilian female prison reflects a scenario of constant violations of rights, whether those of women prisoners or their children who are subjected to the same reality, making them an invisible population in the eyes of the State.