MULHERES EM CÁRCERE: condições das gestantes desamparadas pelo habeas corpus coletivo

Abstract

Brazil currently has a high incarceration rate. As a country that is concerned with punishment, even if this means disrespecting certain individual guarantees. It is at this point that the discussion about a minority arises, which are pregnant women, mothers, and their children who live incarcerated. Through this minority, Habeas Corpus 143.641 was introduced by the Supreme Court, aiming at the conversion of the closed regime to the home regime for women who are under the power of incarceration. However, it is necessary to make an analysis about the consequences, the effectiveness of such a measure, since it can be seen that the Brazilian judiciary shows itself unable to detach from the culture of incarceration and cultural conservatism existing in Brazil. Going through the difficulty and disrespect the pregnant woman in being in an environment without conditions and hygiene that she needs, even if her right is protected by the Habeas Corpus 143.641 of the Supreme Court.