A prisão domiciliar de mulheres durante a execução da pena: as Olgas do sistema penitenciário brasileiro

Abstract

Brazil is one of the countries in the world with more prisons of women. In the wake of this indelible mark is the disruption of family groups, the lack of full protection for children and adolescents, the failure to fulfill the declared functions of criminal enforcement and the violation of international paradigms for the protection of human rights. The research problem lies in the literal interpretation of the Penal Execution Law (Law no. 7,210/1984) which prohibits the granting of house arrest to women under the argument that article 117 of the LEP is exhaustive. Our research hypothesis is that, despite some favorable precedents, a conservative hermeneutic model still remains in our legal system that has caused irreversible damage to imprisoned women and their families. The research is qualitative and quantitative and uses bibliographic review, case study, data collection and documentary research as research techniques. It points to the unconstitutionality and unconventionality of the restriction of house arrest in the Criminal Execution Law.