RÊGO, C. S.; http://lattes.cnpq.br/3868456451172273; RÊGO, Clécida Simone do.
Resumo:
In this study, we discussed about the right of freedom of the convict women who have been
breastfeeding their children, which live with them in prisons. Based on the fundamental right
of the impossibility of the penalty be transferable, it is quite clear that the children have to
suffer the detention as their mothers as a side effect of the whole situation. This happens
because the Federal Constitution, written in 1988, assures that the women have the right of
being with their children during the breastfeeding period, but it does not say that the children
must be brought to their mothers into jail. We intended to make a research trying to show that
the fact of keeping breastfeeding children inside jails is against the fundamental right of
freedom. To make it possible to happen we made a qualitative research based on literature
search. There is no rule in the presented legislation allowing a mother to be freed of the prison
perimeter to attend the needs of her children, so we put in highlights that the principle of the
dignity of the individual is an integration law principle that works as basis on the reasoning in
judicial decisions that allows the convict women the right of assist their children in a different
environment, inserted in society, among family. Considering the situation, there is an
alternative that fits with the Constitution and still assures the right of the children to grow old
far from the detrimental effect of the jail. We stressed the possibility of the judge, when
prompted, conceive the mother the right to answer to her crimes in house arrest monitored by
electronic means. All this is still an almost unexplored idea, due to the few numbers of
projects about this theme. We know that this proposition can be heavily criticized, but we
consider it highly important since it has in consideration a reality that needs to be further
analyzed aiming to correct this state act obviously unconstitutional.
