Cárcere feminino: a carência de políticas públicas para as particularidades do gênero, em especial as gestantes ou mães de crianças e adolescentes

Abstract

The present work deals with the female imprisonment and the issues that involve the particularities of gender. The relevance of the subject is intrinsically linked to the fulfillment of custodial sentences in the face of the precarious conditions offered by prisons for women and their children, as well as the absence of public policies by the Democratic State of Law in favor of the vulnerable. Besides the purely biological difference, discrimination related to the restricted social role of women and the vague educational and financial opportunities are reflections of cultural aspects based on masculine patterns. Pointed as a lever for the exponential growth of the female prison population, the selectivity of the penal system distorts the human rights advocated in international treaties and in the national legislation. For this purpose, a bibliographical analysis of correlated works, judgments and official data was carried out that dealt with the subject. Therefore, this study seeks to promote the primacy of children's rights and highlight the need public policies aimed at ensuring the dignity of the human person in view of the fundamental rights and guarantees of the female prisoner.