Encarceramento feminino e violações de direitos humanos: análises a partir de relatórios do mecanismo nacional de prevenção e combate a tortura

Abstract

In Brazil, historically, the number of men in prison has been higher than that of women. However, recent data has identified a 413% increase in female incarceration, while the total number of incarcerated individuals has increased by 184% in the last 22 years. Scientific literature has pointed out that women who commit crimes are often dehumanized and, as a consequence, disregarded as rights-bearing individuals within the prison system, with their lives trivialized. In this sense, violence becomes institutionalized, and prisons become places where numerous forms of torture are legitimized. Based on this context, the overall objective of this work was to analyze the human rights violations inherent in the reality of female imprisonment in Brazil. Regarding the methodological procedures, it involved bibliographic research and subsequently documentary analysis, where the annual and biennial national reports from the National Mechanism for Prevention and Combating Torture, produced between 2015 and 2021, were analyzed. These documents highlight, through inspections of women's prisons, that women remain invisible in the penitentiary context and may even suffer a triple punishment due to rights violations, violations of their subjectivities, and specificities within the prison system. The results confirm the violations present in the literature review, concluding that what is theoretically depicted is even more alarming in practice. All the reports demonstrate overcrowding, poor infrastructure, difficulties in accessing healthcare, disregard for the specific needs of women in prison, as well as situations of harassment, humiliation, and torture, blatantly violating current legislation such as the Penal Execution Law (Law 7,210/84), the recommendations of the Bangkok Rules, and the Legal Framework for Early Childhood (Law Nº. 13,257/2016).