Possibilidade de prisão domiciliar para mulheres grávidas e com filhos de até doze anos

Abstract

Law No. 13.257 of March 8, 2016, added two new sections to article 318 of the Code of Criminal Procedure, which deals with replacing pretrial detention with house arrest possibility. It limits to two of them: the subsection IV, which deals with the house arrest for pregnant women possibility; and the subsection V, which deals with home detention for women who have children up to 12 (twelve) years, provided that they are arrested in a preventive way. These two items inclusion is seen as a great evolution for the country, since in Brazil the "culture of incarceration" is exacerbated, and there is also a marked structural failure due to political disregard for them. The present monograph work uses a critical analytical method as it unfolds on the current structural situation of the female prison. The specific treatments absence and care result in various diseases, whether in women, as well as in fetuses - or in children. Turning especially to the psychological and emotional situation of the pregnant woman and the incarcerated mother, as well as the consequences of the prison environment during gestation and the abrupt withdrawal of the mother from the psychological ones of the children, analyzing the cases personally and leading to a reflection on the subject.