A mulher presa e a maternidade no cárcere: análise da garantia de direitos no âmbito prisional

Abstract

The present work seeks to address a theme that is a little unusual for society in general, however, of great prestige and deserving of special attention: it is the phenomenon of women's imprisonment in Brazil, associated with the experience of motherhood, especially analyzing the impacts psychosocial effects generated by the mother-child separation. The research started from the problem of how to safeguard rights related to women prisoners and motherhood in the context of the prison system. In general, the present work aimed to analyze the guarantee of rights of pregnant women, mothers and their children inserted in the context of the prison system. The specific objectives were to observe the contemporary phenomena of female imprisonment, map the laws and jurisprudence that guarantee the rights of pregnant women, mothers and their children and indicate the consequences of the process of separation of these women and their children. Regarding the methodology, the deductive method was used, according to the qualitative approach. As for the objectives, the research sought to be descriptive and exploratory, bibliographical and documental analyzes were also carried out. The work was built with the support of critical and feminist criminology, where we will briefly contextualize the consolidation of the modern prison system, encompassing the most recent prison phenomena; then, we will address the peculiar circumstances of women's imprisonment, which differ from male imprisonment in terms of patriarchal ties; finally, we will deal with the experience of motherhood inside and outside prison, considering the impacts, after physical separation, on the mother-child dyad. Through the work, it is concluded that there are massive violations of rights related to individuals inserted in the prison system, and these transgressions are potentiated within the scope of pregnant prisoners and mothers, as these women also suffer from the non-compliance of specific rights, due to deviations from standards expected for the feminine within the patriarchal system. In this way, it was verified that these violations go through the prisoner and permeate her social and family circles, especially affecting her children, who will also suffer psychosocial impacts due to the mother's removal, since prison institutions do not provide adequate assistance for that these women maintain full coexistence with their children.