MACEDO, L. T. R. M.; http://lattes.cnpq.br/9516486673109308; MACEDO, Larissa Taianny Ramalho de Melo.
Resumen:
This work presents a study of the historical construction of the profile of the female
delinquent, considering the gender stereotypes attributed to them and the gravity
dimensioned for their actions in view of the social role they occupy. To this end, it will
develop notions of crime and punishment directed from the reality of women and their
intersectionalities. The proposal of the study is to analyze the reasons and
consequences of the existing barriers for the granting of home detention for pregnant
women despite the favorable legislation. To do this, the spaces occupied by them at
different times in history will be traced, seeking to understand the association of crime
and punishment directed to criminal women. It will analyze the practice of crimes in the
light of feminist criminology, given the few studies of criminology with an exclusive
approach to the female sex. The analysis of incarceration will occur since the
emergence of exclusive prisons for women, highlighting their limitations, until the
advent of laws that guarantee their protection in the face of imprisonment, including in
the vulnerable condition of pregnancy. It will evidence the constant rejection of home
detention for pregnant women in custody hearings and the collective measure granted
by the Supreme Court to guarantee this right. The work deals with aspects such as
gender inequality and stereotypes, power relations, mass incarceration, judicial
decisions and sets the debate based on feminist criminological theory. In this sense, it
proposes to expand the discussion to deconstruct traditional patterns of female
subjugation, in order to bring about changes on the space of women in prison in
society. A descriptive research was carried out, based on a bibliographical and
documentary survey, through the deductive method.