Violação aos direitos maternos no sistema carcerário
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Date
2020-06-11
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Universidade Católica do Salvador
Abstract
This scientific article aims, based on bibliographic study and documentary research on the issue of motherhood in prison, to demonstrate the relationship between female imprisonment and the violation of their maternal rights. From the analysis regarding the evolution of the Brazilian punitive system, it notes that there is a need to adapt the prison to receive women, especially about the characteristics that are exclusive to the female population. Since most female inmates are mothers, as identified in research on the individualities of women who are in a situation of incarceration in Brazil, these adaptations need to focus on their maternal-reproductive capacity. Subsequently, the maternal rights, provided by the Brazilian legislation, are made explicit at the same time as the demonstration of violations caused by the country's punitive system; due to the lack of infrastructure to receive pregnant women, mothers and their children. This is a reality faced in most Brazilian prisons, which do not have adequate nurseries, day care centers, proper cells, food, or hygiene, as well as not meeting other established guarantees. Moreover, the attitude of the judiciary institution of restricting the This scientific article aims, based on bibliographic study and documentary research on the issue of motherhood in prison, to demonstrate the relationship between female imprisonment and the violation of their maternal rights. From the analysis regarding the evolution of the Brazilian punitive system, it notes that there is a need to adapt the prison to receive women, especially about the characteristics that are exclusive to the female population. Since most female inmates are mothers, as identified in research on the individualities of women who are in a situation of incarceration in Brazil, these adaptations need to focus on their maternal-reproductive capacity. Subsequently, the maternal rights, provided by the brazilian legislation, are made explicit at the same time as the demonstration of violations caused by the country's punitive system; due to the lack of infrastructure to receive pregnant women, mothers and their children. This is a reality faced in most Brazilian prisons, which do not have adequate nurseries, day care centers, proper cells, food, or hygiene, as well as not meeting other established guarantees. Moreover, the attitude of the judiciary institution of restricting the freedom of mothers to provisional detention, even when not necessary, places it as an integrant to the transgressive system of the maternal and reproductive rights of these women. Finally, after identifying the barriers to the act of motherhood in prison, and recognized that the national punitive system makes its performance unfeasible, it is indicated that replacing pretrial detention by house arrest is an essential move; which aims towards the reduction of incarceration, hence the violations of the rights of incarcerated mothers and pregnant women.
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Keywords
Sistema punitivo, Cárcere, Mulher, Maternidade, Direitos maternos, Punitive system, Prison, Woman, Motherhood, Maternal rights