Encarceramento das mulheres grávidas e a garantia da prisão domiciliar : estigmatização e invisibilização da condição especial da mulher.

Abstract

This work presents a study of the historical construction of the profile of the female delinquent, considering the gender stereotypes attributed to them and the gravity dimensioned for their actions in view of the social role they occupy. To this end, it will develop notions of crime and punishment directed from the reality of women and their intersectionalities. The proposal of the study is to analyze the reasons and consequences of the existing barriers for the granting of home detention for pregnant women despite the favorable legislation. To do this, the spaces occupied by them at different times in history will be traced, seeking to understand the association of crime and punishment directed to criminal women. It will analyze the practice of crimes in the light of feminist criminology, given the few studies of criminology with an exclusive approach to the female sex. The analysis of incarceration will occur since the emergence of exclusive prisons for women, highlighting their limitations, until the advent of laws that guarantee their protection in the face of imprisonment, including in the vulnerable condition of pregnancy. It will evidence the constant rejection of home detention for pregnant women in custody hearings and the collective measure granted by the Supreme Court to guarantee this right. The work deals with aspects such as gender inequality and stereotypes, power relations, mass incarceration, judicial decisions and sets the debate based on feminist criminological theory. In this sense, it proposes to expand the discussion to deconstruct traditional patterns of female subjugation, in order to bring about changes on the space of women in prison in society. A descriptive research was carried out, based on a bibliographical and documentary survey, through the deductive method.