Desigualdade Jurídica e Encarceramento Feminino: um estudo a partir de habeas corpus impetrados por mulheres durante a Pandemia de COVID-19 no Tribunal de Justiça do Mato Grosso do Sul (2020-2022)

Abstract

This study aimed to understand how Recommendation No. 62 of the National Council of Justice (CNJ) was interpreted, fully or partially applied, or rejected in habeas corpus rulings filed by women in the Court of Justice of Mato Grosso do Sul during the COVID-19 pandemic. The Recommendation proposed several measures to curb the spread of the virus in the prison and socio-educational systems, particularly advocating for the release of pregnant women, breastfeeding mothers, mothers of children under the age of 12, and other vulnerable groups such as the elderly, Indigenous people, and individuals with comorbidities, in cases involving non-violent offenses. The analysis of habeas corpus petitions revealed that court decisions frequently incorporated moralizing and individualized narratives which, in the case of women, resulted in a double punishment: for the alleged criminal act and for failing to meet socially constructed gender expectations. The findings highlight the penal selectivity affecting women in vulnerable situations and the neglect of their specific needs, especially during a public health crisis that further exacerbated social and gender inequalities.