DIREITOS HUMANOS NO CUMPRIMENTO DA PENA: A DIGNIDADE DA MULHER GESTANTE OU MÃE NO SISTEMA PRISIONAL DE CAMPO GRANDE/MS

• Ano de defesa: 2023
• Autor(a) principal: Endra Raielle Cordeiro Gonzales
• Orientador(a): Maria Esther Martinez Quinteiro
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Fundação Universidade Federal de Mato Grosso do Sul
• País: Brasil
• Palavras-chave em Português: Direitos Humanos; Mulheres; Maternidade; Cárcere
• Link de acesso: https://repositorio.ufms.br/handle/123456789/6548

GONZALES, Endra Raielle. Human rights in the execution of the sentence: the dignity of the pregnant woman or mother in the prison system of Campo Grande/MS. 2023. 120 f. Dissertation (Master in Law) – Law School, Federal University of Mato Grosso do Sul, 2023. The conception of the meaning of the penalty has evolved significantly over the centuries. With the advent of Human Rights and their conception of the inherent dignity of every human being, regardless of social, economic or legal factors, the penalty came to be seen not only as a means of making the agent responsible for the damage, but also as a means of appeasing the society and resocializing the offender. Bearing in mind the way in which gender inequality permeates among all layers and social structures, including in the prison environment, and delimiting the object of study, this research has as its main focus the difficulties related to the exercise of motherhood faced by women who are serving time in penal establishments in the city of Campo Grande, State of Mato Grosso do Sul. Thus, the following question arises as a problem: Have the protective legal devices of the detainee's maternal relationship with her offspring been applied satisfactorily in order to provide and guarantee the enjoyment of the fundamental and human rights of the detainees? This research is justified by the importance of observing the rule of law and the full observance of the legal provisions that provide for the protection of the child, and the primacy for its good development, as well as the maternal right to a dignified pregnancy and puerperium. In order to respond to the research problem, it was proposed to analyze whether the human and fundamental rights linked to the exercise of motherhood have been guaranteed or if there is any deficiency in their defense and observance, especially within the prisons of the state of Mato Grosso do Sul, analyzing, for that, the secondary data of AGEPEN/MS and reports of INFOPEN, as well as what the diverse national and international norms, as the Federal Constitution, Penal Execution Law, Statute of the Child and Adolescent and the Rules of Bangkok provide for the inherent rights of pregnant women and mothers of newborns within the prison environment. As a result, after analyzing the public policies in force in the 2021/2023 biennium within the female prisons in the State of Mato Grosso do Sul, it was identified that there are projects in the area of ​​education, health and work in favor of pregnant women and mothers in a situation of jail. However, on the structural issue, it was found that only one closed-regime establishment, located in the capital, has adequate living spaces for mothers and their children, such as daycare and nursery, highlighting the gap between legal provisions and factual reality. In order to meet all the objectives and respond to the central problem, the deductive method of approach was used, starting from the provisions in international and national laws until arriving at the analysis of their applicability within the prison environments of the state, leaving the This research is characterized as descriptive exploratory, with analysis of qualitative and quantitative data. Keywords: Human Rights; Women; Motherhood; Prison.