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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
Colaborador(es): GISELE GUIMARAES CITTADINO - Orientador
Catalogação: 07/MAI/2025 Língua(s): PORTUGUESE - BRAZIL
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.
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
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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