Grávidas encarceradas: análise sobre gestantes no sistema prisional e os impactos da Lei 13.769, 19 de dezembro de 2018

Abstract

The number of women incarcerated is increasing. In Brazil we are occupying the fourth position in the ranking of the countries that hold more women in the world. Despite the changes in the code of criminal procedure and several changes in the law. According to the indexes it is remarkable that pregnant women and mothers are a significant part of this high rate of mass incarceration in our country. Therefore, the objective of this research is to analyze Law 13,769 of December 19, 2018 and its impacts on the Brazilian female prison system. The ultimalized method was done through bibliographic survey and analysis in lesgislation and jurisprudence. This Act provides for the replacement of pre-trial detention by house arrest of the pregnant woman or who is a mother or responsible for children or persons with disabilities and disciplines the system of custodial detention of sentenced women in the same situation. The present study is divided into four chapters. The first, on the female prison system in Brazil and gender inequality, feminism and the fight for human rights; the second, on mass incarceration, the violations suffered by pregnant women and imprisoned children and the Criminal Execution Law; the third, on Law 12.403/2011 and the replacement of house arrest, legal framework for early childhood, Law 12.962/2014 and changes in the status of children and adolescents and fourth, the case of Adriana Anselmo, Habeas Corpus Coletivo and analysis in the amendments of the law nº Lei 13.769, and the Habeas Corpus Coletivo 165.704. The results of the research showed that the number of pregnant women or incarcerated mothers increased considerably in Brazil, even with the change of law. It is concluded that the reality found is different from the legislation put in place, and therefore there is a need for public policies aimed at the concrete realization of the rights provided by the law, especially the specific rights for these women.