Justiça, gênero e aprisionamento: aplicação do habeas corpus nº 143.641 pelo Tribunal de Justiça do Rio Grande do Sul

Abstract

The Brazilian Supreme Court's ruling on collective Habeas Corpus No. 143.641 marked a historic milestone in the fight for the rights of women prisoners, especially for pregnant women and mothers. The decision, which ruled that pre-trial detention should be replaced by house arrest for women who are pregnant and mothers of children up to the age of twelve or people with disabilities, represented a real response to the demands of women inside Brazilian prisons, as well as strengthening the importance of house arrest as a decarcerating measure and as an instrument for exercising motherhood and protecting children. In this scenario, using a deductive approach and a bibliographical and jurisprudential review as the techniques adopted, the aim is to examine the application of Habeas Corpus No. 143.641 in the decisions of the Rio Grande do Sul Court of Justice. Firstly, a reflection on the emergence of prisons is proposed, followed by an analysis of the legal rights and guarantees of incarcerated women, outlining the reality of Brazilian women's prisons. This is followed by an analysis of the context and grounds of the decision handed down by the Federal Supreme Court, as well as it's application by the Rio Grande do Sul's Court of Justice. Thus, it was identified that, despite the jurisprudential precedent and the hanges in criminal procedural legislation, the case law of the Rio Grande do Sul Court of Justice has shown some resistance in applying the nderstanding of Habeas Corpus No. 143.641, persisting in refusing the request for house arrest of women who are provisionally imprisoned and have the condition of pregnant women or mothers of children up to twelve years old or people with disabilities.