A negação do exercício do “amor materno” da mulher encarcerada no sistema prisional brasileiro e a (não) violação do princípio da dignidade humana

Abstract

The present study aims to propose a reflection about the conditions faced in the Brazilian prison system, from the point of view of the imprisoned woman and especially of her newborn children or children who, according to the provisions of the Criminal Enforcement Law, may reside with the female prisoner up to six years of age. For this, it is necessary to note the situation of pregnant women in an eminently male and patriarchal criminal system, which, as will be demonstrated, reproduces and assists in the maintenance of gender inequality. In addition, a historical reflection will be made on the figure of the woman who has always been confined to the private sphere of the home, with a merely reproductive function and to take care of her children and husband, and how the significant increase in female crime in recent years to this socially constructed stereotype of the passive woman, which, consequently, causes the condemned woman to be considered twice transgressor, the first one to transgress the law, but mainly for transgressing the social roles destined for men and women, where the The woman's place is restricted to the private space. The focus was given, specifically on the entry of women into the Brazilian prison system that was conceived from a male perspective to receive men with deviant conduct rather than women. In this sense, it is noted that gender diversity is not considered relevant by the country's criminal system, not taking into account the specific needs of incarcerated women. Finally, a reflection is made on the Principle of the best interest of the child that goes in opposite direction to the "myth" of the maternal love diffused in the society of which the woman always has to be in charge of the child even in extreme situations as in the case in that the girl is arrested.