Mães no Cárcere: uma análise do cerceamento de direitos das mães apenadas e seus filhos sob a ótica da criminologia crítica e da epistemologia feminista

Abstract

In view of the exponential growth of the female prison population and from the point of view of critical criminology and feminist epistemology, the restriction of the rights of incarcerated mothers and consequently of their children was verified through the factual set of the Brazilian Prison System. From this premise, concatenating the historical and legal panoramas that materially contributed to a punitive system based on gender, race and class inequality, the present research aims to draw attention to new paths for the extrication of mothers who are serving prison sentences, rejecting the punitive paradigm of the current Criminal Justice. In order to do so, it uses bibliographic references of works that approach the subject, analyzes the Brazilian normative system and judicial decisions, as well as researches alternative policies already in practice in the country, highlighting the currents of Restorative Justice and Criminal Abolitionism as guide models for a debate that promotes a system free from punishment, so that the objectification and expropriation of feminized bodies, valorization of submission and the lack of respect for their existence, ceases to be a practice and that children no longer suffer from the consequences of a model punitive, so that mother and children are respected subjects of law.