Título: | FOR THE RIGHT TO BE A MOTHER, DESPITE BEING IMPRISONED: HOME CARE AS A POSSIBLE ALTERNATIVE FOR EXERCISING A MINIMALLY DIGNIFIED MOTHERHOOD | ||||||||||||
Autor: |
DANIELLE DE SOUZA CARVALHO |
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Colaborador(es): |
GISELE GUIMARAES CITTADINO - Orientador |
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Catalogação: | 07/MAI/2025 | Língua(s): | PORTUGUESE - BRAZIL |
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Tipo: | TEXT | Subtipo: | THESIS | ||||||||||
Notas: |
[pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio. [en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio. |
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Referência(s): |
[pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70324&idi=1 [en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70324&idi=2 |
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DOI: | https://doi.org/10.17771/PUCRio.acad.70324 | ||||||||||||
Resumo: | |||||||||||||
This work analyzed the impact of imprisonment on the lives of women in
situations of motherhood and their daughters and sons in Brazil, highlighting the
importance of protecting the right to a dignified motherhood and its other face,
which is the right to a dignified childhood as a projection of the principle of full
protection provided for in article 1 of Law no. 8,069/1990 (Child and Adolescent
Statute) and of commitments assumed by the Brazilian State in international
agreements. Based on the analysis of how female imprisonment has occurred over
time and the experiences lived in prison by women, we sought to understand the
current scenario that pointed to the exponential increase in female imprisonment
in recent decades. The profile of women imprisoned in the country was investigated
based on official data from the National Secretariat for Penal Policies
(SENAPPEN) through INFOPEN Mulheres (2018) and RELIPEN (2024),
assessing how the phenomenon of the feminization of poverty and drug trafficking
have been traps of the patriarchy so that mostly poor, black women and mothers
are massively thrown into prison. In the study on a possible motherhood for these
women, despite prison, we identified the contribution of the jurisprudential
evolution on the granting of house arrest in favor of pregnant women, postpartum
women and mothers of children up to 12 years old, outlined from the recognition in
ADPF No. 347/DF of the Unconstitutional State of Affairs (ECI) of Brazilian prisons.
This important precedent led to the emblematic HC No. 143.641/SP, in which the
Supreme Federal Court granted the order that all women who are mothers of
children up to 12 years of age or of people with disabilities could be considered for
the possibility of converting their preventive detention into house arrest, which had
important developments, among which was the paradigmatic understanding
established by the Third Section of the Superior Court of Justice in the context of
Complaint No. 40.676/SP, where the admissibility of the request for house arrest
in the final execution phase of the sentence was recognized.
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