WHEN HOME IS THE PRISON: AN ANALYSIS OF DECISIONS OF PRISON HOUSEHOLD OF PREGNANT AND MOTHERS AFTER THE LAW 12.403/2011

Abstract

This article is the result of search for Criminal Justice System and the exercise of motherhood for women in prison situation an analysis of the role of justice on the ensuring pregnant and mothers prisoner's rights, and had for object of study and analysis the way as issues related to the execution of pregnant prisoners rights and mothers are being treated by the criminal justice system. Whereas the Brazilian legal system governs so specifies the maternal and child rights, we seek to understand, through the TJ / SP Case analysis, as has been the realization of rights of pregnant women and mothers arrested by the judges. The focus of the research was the application of house arrest Institute brought by Law 12.403 / 2011 in cases of pregnancy and motherhood. Analysis of judgments allowed the conclusion that the decoupling of the criminal woman - mainly drug dealer - and motherhood produces a negative discrimination, eventually influence the negative granting beneficial institutes brought by the law in question.