LOPES, M. R. G.; http://lattes.cnpq.br/2800250443893790; LOPES, Marília Ruth Gomes.
Resumen:
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.
