A violação dos direitos humanos no cárcere feminino brasileiro: uma abordagem sob ótica extra e intramuros no século XXI.

Abstract

This monograph has as its theme: "The violation of human rights in the Brazilian female prison: an approach under extra and intramural optics in the 21st century". The problem is related to the lack of attention of the society, the state and, above all, the judiciary, faced with the subhuman conditions faced by imprisoned women and the determinants of criminal practice in an analysis as a human person and imprisoned by the female gender. The hypothesis demonstrated is the possibility of specific legislative elaboration for prisoners that effectively guarantees their specific gender rights as a means of consummation of the constitutional principle of human dignity. The main objective is the analysis of the social context and the female human rights disrespected in the prison environment, together with its relation to the crime (s) committed outside this environment and the determining reasons. The specific objectives are: to understand the current situation of women prisoners in prisons insufficient in their duty to care for human dignity and gender; to deal with the offenses committed by women and their previous motivation; to discuss the daily life of the victims within the prison environment; to problematize the restricted legal regulation that covers the women in these conditions. The development of this work was based on the method of deductive approach. The method used was the comparative method and the method used was qualitative / descriptive. The technical procedure used was the bibliographical-documentary, since it was elaborated from laws, books, reports, magazines, internet and newspaper articles. An approach was taken to the relationship between human rights and the female criminal system in a historical and guarantor perspective, as well as the condition of the criminal woman and her construction as such; was dedicated to the analysis of the criminal woman not observed by the punitive power state, outlining its profile. She commented on the Bangkok Rules and their relevance to the guarantees of the individual human rights of women incarcerated in some countries, including Brazil. It was studied in the study of the violation of the dignity of the woman as a human person, through the absence and inefficiency of normatization of the female prison scene in the Law of Execution with respect to the mixed prisons. He dealt with the almost unanimous abandonment of the family, coupled with the problem of intimate visits in prisons. It was detailed the coexistence of intramural offenders, including the approach of the inmate in the maternal scope. At the end, we present the objectives achieved, as well as the hypotheses raised for the possible resolution of the problem.