Análise principiológica da liberdade e dignidade da pessoa humana frente ao filho lactente de apenada.

Abstract

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.