GESTANTES ENCARCERADAS: a realidade das presas brasileiras e a ineficácia do Estado na garantia dos seus direitos

Abstract

This work addresses the issue of imprisoned pregnant women and the challenges they face in terms of guaranteeing health for themselves and their children, whether during pregnancy or after birth, once their sentence remains under a closed regime. This approach is justified because, of the more than 27 thousand places allocated to women, few prison units have appropriate cells to receive pregnant prisoners, and in this sense, the lack of conditions for incarcerated pregnant women brings negative consequences for the prisoners, for their children and society as a whole. The study aims to reflect on the real conditions of pregnant women incarcerated in the Brazilian prison system, aiming to punctuate a debate to tackle the problem, contributing to knowledge in order to guarantee women and their children better conditions for serving their sentences and, consequently, of quality of life. This attempt will be achieved through a bibliographical review, using articles and other publications available on the topic, as well as through statistical data released by institutions linked to the Brazilian prison system, such as INFOPEN. This is exploratory research with a qualitative approach. The research showed that, in general, the Brazilian prison system is inert in a context of catastrophe. Despite the list of Laws that guarantee pregnant women, women in labor and newborns minimum conditions of assistance, the State suppresses the fundamental rights and guarantees of prisoners, as it undermines the dignity of the human person.