Maternidade no cárcere: normas constitucionais e infraconstitucionais e recentes decisões em prol do melhor interesse da criança

Abstract

This work intends to present the importance of motherhood, with emphasis on the right of the child to grow and develop in environment and conditions conducive to their dignity. Legislation on maternity protection as a fundamental social principle, as well as international norms of recommendation, will be exposed to absolute priority and to the integral treatment of the child. Also, when the drug policy is discussed, the social profile of the incarcerated mother will be evidenced. In this way, the problems existing within Brazilian prisons will be demonstrated, mainly through ADPF 347 and the recent solutions found by Supreme Courts in a decision rendered with binding force, through the granting of the Collective Habeas Corpus 143,641 and the approval of Federal Laws as to No. 13,257 / 16, which significantly altered the protection given to children. Decisions will be included, presenting the arguments used by magistrates about whether or not to comply with the order. Finally, given the importance of the matter, it will be demonstrated the current panorama of the fulfillment of the order granted in HC Collective.