O direito da criança em conviver com a mãe detenta e a configuração da atual política criminal brasileira: análise do Habeas Corpus 143.641

Abstract

This research aims to promote reflection on the way the Brazilian State deals, through law, with the issue of coexistence between imprisoned mothers and their underage children in the context of the current criminal policy. Such reflection is intended as a means of analysis of the Brazilian prison reality, with data and studies on the history and current status of prison in Brazil, analysis of the national legal system regarding the fundamental rights and the right of the child to live together, as well as criminal policy norms, colliding with such exposures by examining how such norms coupled with social and political choices are reflected in the court rulings of concrete cases such as collective HC 143,461 which placed women under 12 years of age under house arrest. have committed violent crime. The present work seeks to answer the problem that arises when there is a clash between the state duty to punish the crime with the right and the benefits of coexistence between the child and the mother.