ENSAIOS SOBRE A DIGNIDADE DA PESSOA HUMANA NA CONVIVÊNCIA FAMILIAR: uma releitura do princípio da individualização da pena das mães infratoras na ótica constitucional do Estatuto da Primeira Infância

Abstract

This paper aims to analyze the social impacts of the incarceration of mothers who are offenders in view of the legislative provisions of alternative, non-custodial measures to comply with the sanctions imposed by the State. Seeking to understand the theories and purposes of penalties and the fundamental rights and guarantees applicable to their fulfillment. It is important to verify what drives these women to become involved in criminality and the seriousness of the crimes they commit. It is relevant to analyze the constitutional rights provided for in favor of the protection of children and adolescents, in particular the guarantee of family life, and the implications of the separation of the infant from his mother at an early age. Women, in particular, have their own fundamental rights and guarantees, inherent to their gender, since they have peculiarities that should not be neglected even when serving sentences. Finally, the most used alternative measure to serving a sentence in Brazil is house arrest, which is therefore necessary to demonstrate its concept, the hypotheses authorized by law and its applicability to mothers temporarily deprived of their liberty. The methodological procedures used are based on a legal-sociological research, using bibliographies in order to delimit concepts necessary for the understanding of legal norms, as well as jurisprudential norms and positions on the subject.