Maternity in the prisional system: legal devices and possible alternatives to incarceration

Abstract

The present study has as objective to realize an approach about the Brazilian female prison system, focusing on the social invisibility of incarcerated women and their minor children while inserted in prisons. For this, the work seeks to identify the national and international laws that deal with the theme, to report the irregularities experienced and point out possible alternatives to incarceration, using bibliographical-documentary research, based on already published materials on the subject and normative documents. The results show that in the last years discussions about female incarceration intensified, which has had repercussions in the legislative scope, especially about the situation of woman incarcerated mothers and pregnant. However, the current norms need to be applied in the practical field, being repeatedly violated. For these reasons, it is necessary to constantly reaffirm what is already foreseen in the Brazilian legal system.