A possibilidade de extensão da prisão domiciliar para as condenadas definitivas em caso de grávidas, lactantes e mães com filhos pequenos

Abstract

The maintenance of the imprisonment of pregnant women without prenatal care, proper nutrition, attention to pregnancy and childbirth, end up bringing numerous problems for mothers and their children. In the case of mothers who are under the responsibility of children under 12 years of age, the lack of contact with the offspring causes a family breakdown, since these children are particularly deprived of the mother's care, which plays a decisive role in relation to the transmission values, behavior and respect. In this sense, in view of these problems, the creation of the female prison system will be analyzed, the structure of the system to meet the needs of pregnant women and infants will be analyzed, through the application of collective habeas corpus no. 143,641 and Law 13,769 / 2018, which has allowed the provisional prisoners, once they comply with the legal requirements, are placed under house arrest. Thus, the main objective of this study is to analyze the possibility of granting house arrest to the definitive prisoners, and not only to provisional ones, as already applied.