Mães encarceradas com filhos recém-nascidos: uma análise à luz da execução penal e dos princípios de direitos humanos.

Abstract

This work is based on the situation of incarcerated mothers with newborn son, from the diagnosis of the general principles of human rights, basic foundation of the Constitution of 1988 of the Brazilian Penal Execution Law, as well as the Bangkok Laws, relating these standards with the harsh reality that is the Brazilian prison system that often demonstrates a real violation of legal requirements. In addition, to present possible solutions to this dispute, which compromises human dignity of women incarcerated regarding his maternal bond, especially, those who live with newborn children on prison. Emphasizing the need for idealization of an effective alternative in order to consummate the function of punishment, that is, punishing and preventing infringement committed by the mother, avoiding, however, to be imposed severe and, why not say, inhuman punishments to the children of incarcerated mothers. As a procedure method, it was used the deductive one, starting from general concepts to the application of specific subject; historical, monographic, comparative, hermeneutic and literature; using as research technique the direct and indirect sources. It was found, finally, the need for public policies interested in solving this problem, and the solution being adopted by Higher Courts in order to protect the fundamental rights of both the mother and the newborn child.