Por trás das grades, uma vida: a seletividade penal na violação de direitos humanos em prisões femininas do Brasil

Abstract

Brazil is the third country in the world that incarcerates the most, behind only China and the United States. In the last twenty years, female incarceration has nearly quadrupled. Such imprisonment is a reflection of a patriarchal culture, which cuts across the class, gender, and race of these women. The racial profile, indicating that the majority of incarcerated women are black or brown, appears in the SISDEPEN data. Other studies also show that incarcerated women have unfavorable social and economic conditions. They are criminally responsible and mostly for the crime of drug trafficking. Once deprived of liberty, they end up suffering double punishment. The first for the crime they committed and the second for violating the social role that is expected of them: beautiful, modest and homely women. Therefore, when they commit certain crimes, they are judged for subverting gender roles, since historically crimes are linked to male culture and the ideal of masculinity, in which strength, virility and courage make up this universe. In this sense, for committing such subversion, they are morally, socially and legally condemned, also suffering a gender punishment that goes beyond the deprivation of freedom. In addition, women are treated as if they were men, since prison structures are not adapted to their special gender conditions. Historically, prisons were designed for men. Thus, the objective of this work is to understand the invisibility of women deprived of liberty from the violation of the human rights to education and health, in prison systems, as a result of patriarchy. The hypothetical-deductive method was used. Documentary and bibliographic research was used. The material analyzed consisted of semi-structured interviews and oral narratives with women deprived of liberty present in other studies. Using the content analysis advocated by Laurence Bardin (2016). Thus, it is concluded that women who serve a custodial sentence are not only punished for having broken the law, they are punished for having "violated" and "broken" in some way, with the contract of social adhesion of patriarchy. After all, by denying them rights such as health and education, they are depriving them of the opportunity to transform their lives during and after incarceration. More than that. They are being denied the chance to live and be themselves and not to be in the service of patriarchy. Women who enter prison but don't know if they will ever get out of it. After all, the prison floor does not reflect the law, but pain and suffering. Justice is symbolized by a goddess. But in the field of law and public policy, it is still men who call the shots.