The brazilian jurisprudence about motherhood in prison

Abstract

This article presents a critical analysis of decisions That involves incarcerated women and their child born in prison. a search was performed in the data banks of brazilian superior courts (The STF, STJ and the tribunais de justiça of Rio Grande do Sul, paraná, são paulo e maTo Grosso), from 2002 to 2012. From the 3.720 syllabus identified from specific descriptors, only 122 documents relating to the obJect of research were chosen. This result suggests the invisibility of this theme in the Judicial proceedings during the period surveyed. A large proportion of reasons adduced refers to drugs traffic, and address the hideous nature of the offence and the application of incarceration measures in spite of most incarcerated women be primary and provisional detainees. It can be highlighted requests of domiciliary prison and release on bail, which, in most instances, were not Granted. The child indisposable right to breas tfeeding, To health and to livinG with his mother is of ten limited in front of a discourse of Guarantee of order and public security.