Habeas corpus coletivo 143.641: a construção da mulher criminosa em acórdãos do tribunal de justiça do Estado do Espírito Santo

• Ano de defesa: 2023
• Autor(a) principal: Machado, Juliene Tristão
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Espírito Santo; BR; Mestrado em Ciências Sociais; Centro de Ciências Humanas e Naturais; UFES; Programa de Pós-Graduação em Ciências Sociais
• Palavras-chave em Português: Cárcere; Mulher; Maternidade; Habeas corpus; Prisão domiciliar; Sociologia
• Link de acesso: http://repositorio.ufes.br/handle/10/12652

In 2016, Law 13,257, known as the Legal Framework for First Childhood, came into force, which amended the Criminal Procedure Code (CPP) to enable the replacement of preventive detention with house arrest for pregnant women and mothers of children. It turns out that the Judiciary, when asked to decide on replacing the prison, denied the request in approximately half of the cases on the grounds of the seriousness of the crime allegedly committed, as well as the need to prove the inadequacy of the prison environment in the specific case. Thus, the Collective of Human Rights Lawyers filed collective Habeas Corpus 143,641, before the Federal Supreme Court (STF), with a request for an injunction in favor of all women detained preventively who displayed the status of pregnant women, postpartum women or mothers. of children under their responsibility, as well as on behalf of the children themselves. In February 2018, the STF ruled favorably on the request, establishing, however, some exceptions for the application of the benefit, namely, when the crime is committed through violence or serious threat; against descendants; and in very exceptional situations. Replacing preventive detention with home detention could also be applied concomitantly with the imposition of alternative measures provided for in art. 319 of the CPP. This work analyzes the decisions regarding requests for granting house arrest for pregnant women and mothers of children up to 12 years of age, after the judgment of Collective Habeas Corpus 143.641, mainly in cases where the woman is preventively detained, in order to identify the follow-up adopted by the Court of Justice of the State of Espírito Santo (TJES), as well as to verify the arguments used to reject the request. It was found that the TJES does not follow what the STF determined in the aforementioned collective judgment, since it denies the request in the vast majority of cases analyzed on the basis of the extremely exceptional situation.