A assistência legal as mães encarceradas e seu reflexo no princípio da dignidade da pessoa humana.

Abstract

This research has as primary objective to analyze the situation lived by imprisoned mothers in the brazilian prison system, considering all its peculiarities and needs. It is known that exist in the brazilianprison system a real violation of those women rights, and the rights of the children that remain with them during a certain amount of time, in the prison environment.Those violations are related to the lack of adequate physical structureto support pregnant and breast-feeding women with their children, whether in relation to the lack of medical assistance and hygiene, directly reflecting in the principle of human dignity application.Thus, it becomes imperative to know the prison reality, taking as base all its historical evolution through theories that tried to explain the institute of penalty, as well as a brief analyses about the women incarceration in Brazil, theparticularities existent in the enforcement of the penalty in that universe with the consequent legal guaranties conferred to the imprisoned women, and, at long last, to verify if the deprivation of liberty penalty guarantees to the imprisoned mothers a healthy gestation, respecting the principle of human dignity. For this purpose, the approach method used is the deductive, starting from the study of laws and doctrines related, to after enter the theme. About the procedure method, it will be utilized the monographic and historical as indispensable tools to reach this study objectives.Lastly, about the research technique, it will be utilized the indirect documentation, with the assistance of laws, jurisprudence, articles and monographic works that talk about the thematic. Thus, as proposed outcome, it was observed the need of policies for the effectivefulfillment of legal guarantees conferred to the imprisoned mothers as, for example, their right to breast-feed.