Tratamento conferido aos filhos de mães adolescentes encarceradas e o princípio da proteção integral do menor: uma análise do habeas corpus no 143.641 do Supremo Tribunal Federal

Abstract

The comprehensive protection adopted by the Child and Adolescent Statute ensures absolute priority for children and adolescentes, since it is established in art. 227 of the Federal Constitution of Brazil of 1998 duties and care to be performed by the Family, Society and state. However, both, in some cases, are absent from such responsibility and prefer to oppose this protection, corroborating the provisions of both the Constitution and the Legislation in force, and bearing in mind that there are increasingly cases of Young mothers involved with the crime. The article in question seeks to examine the effectiveness regarding the treatment of these adolescent mothers in a situation of hospitalization and their children, as well as proposes to thoroughly expose the decision of habeas corpus No 143641 that grants house arrest to incarcerated women who have the condition of pregnant women, puerperal women or mothers with children up to 12 years of age under their responsability, seeking support from the principle of human dignity, in the same way that it extends the decision to adolescent mothers who are in hospitalization situations.