Maternidade no cárcere: uma análise do habeas corpus 143.641/SP – STF e das demais normativas nacionais e internacionais que tutelam o direito da mulher presa

Abstract

The aim of this article is to analyze the current situation of incarcerated women in Brazil, especially those who are mothers, pregnant women, lactating women and those in the postpartum phase. An in-depth study will be conducted of the Habeas Corpus Collective Judgment No. 143.641/SP, filed with the Federal Supreme Court with the purpose of revoking the preventive custody decreed or granting them women house arrest as an alternative to deprivation of liberty. For this, we used the bibliographic research in scientific articles, books, databases and jurisprudence that deal with the theme. At first, a brief overview will be drawn on the situation of prisons in Brazil, as well as the conditions of women prisoners. Once this is done, an analysis will be made of said habeas corpus, of the exceptional situations in which the order cannot be fulfilled, and of the national and international regulations that influenced its judgment. Finally, a jurisprudential survey will verify how the order granted in the country's courts has been applied.