Encarceramento preventivo de mulheres no Brasil e a maternidade: a aplicabilidade da decisão do STF no HC 143.641 na comarca de Santa Maria - RS

Abstract

The aim of this research is to present the reality of motherhood in Brazilian prisons, as well as to verify the applicability of the judgment by the STF of Habeas Corpus number 143.641 in the Region of Santa Maria-RS. Such decision, issued on February 2018, granted home arrest to the preventively incarcerated women under certain conditions. Based on the assumption that the number of women incarcerated in Brazil increases every year, and that female incarceration has peculiarities such as maternity, the present study is based on the issue of the applicability of the judgment of Habeas Corpus Number 143,641 and granting the home arrest in Santa Maria-RS. Therefore, this study had the goal to present the reality of female incarceration in Brazil and maternity, as well as the guiding aspects of HC 143.641, to verify its applicability. Initially, a historical analysis on female incarceration of the grants given to the prisoners was carried, as well as the reality of incarcerated women and maternity. Afterwards, the judgment of the HC by the STF was analyzed, as well as its applicability in the city of Santa Maria-RS. For that, the method of deductive approach and monographic procedure was used, since the study was started with data collection related to Habeas Corpus number 143.641 in the Criminal Courts of Santa Maria-RS, to then identify its applicability. Bibliographical research and bibliographical literature will be used as research techniques.