Mães sentenciadas e filhos desamparados: um estudo sobre o cárcere feminino e o exercício da maternidade na privação de liberdade

Abstract

The present dissertation aims to investigate the female prison subject and the exercise of maternity in deprivation of liberty, which encompasses the guarantee of rights and the optics of their effectiveness. The specific objectives are to emphasize the involvement of the female gender in the criminal universe; to highlight the socioeconomic profile and social vulnerabilities of women-mothers who were held in custody and to argue about pregnancy in prison - how the maternity process happens and which rights are the guaranteed ones present in the legislation for sentenced mothers. The contextualization results from theoretical aspects about crime, gender, prisons, maternity, rights and violations. The methodology used is the bibliographic research about the categories proposed in this discussion, as well as the documentary research regarding the current legislation, analysis of secondary data with a quantitative-qualitative approach of national researches that regard the proposed theme, and the use of tables and charts with Brazilian data. The time cut-out includes the years 2014 to 2019, with national coverage. The profile of women imprisoned sets the particularities of being mothers, young people, vulnerable in the social and financial spheres, with incomplete education, black and with the most committed crime, drug trafficking and narcotics, this is the portrait of the majority of women imprisoned in the Brazilian prisons. As results, we have a substantial gap between the law theorized in the legislative precepts and their effectiveness. Brazilian prison units were built and idealized by men and for men, the peculiarities of the feminine were not highlighted and the environment in general does not have conditions. Thus subtracting several basic rights, and on the issue of maternity, we have different realities, but none of them encompasses and puts into effect all the premises of the basic guarantees enacted.