O direito à saúde das mulheres gestantes que estão em cumprimento da pena privativa de liberdade à luz do princípio da integralidade, do minímo existencial e da reserva do possível

Abstract

This paper analyzes the effectiveness of the right to health of pregnant women who are trapped in the Brazilian penitentiary system and explores the concepts of the principle of integrality, guiding principle of the Unified Health System, the existential minimum and the reserve of the possible in the light of this right . It is known that health is a fundamental social right and the duty of the State to ensure to all its holders, through social and economic policies, the promotion, recovery and prevention thereof. Thus, it is intended to show that the constitutional duty of the State to safeguard and guarantee the right to health of prisoners who are serving a sentence in a closed regime that presents this condition is not excluded or even exempted, even if their right to freedom is curtailed. For this, it was necessary to observe how the Brazilian Legal Order provides and disposes on the right to health of these women and their effectiveness. However, despite the fact that there are legal provisions and government plans, it can be seen that the right to health of pregnant women who are in prison is not being respected and enforced as it should be, with a series of violations of constitutional and legal precepts and violation of women's dignity with this condition. Finally, to corroborate the work, an analysis was made of the main arguments of the Rapporteur, Minister Ricardo Lewandowski in the Habeas Corpus 143,641 SP, which only showed the precariousness of the Brazilian penitentiary system in the face of the minimum care and conditions with the health of pregnant women