MATERNIDADE E CRIMINALIDADE SOB ANÁLISE DO JUDICIÁRIO: A CONCESSÃO DA PRISÃO DOMICILIAR PARA MÃES EM CONFLITO COM A JUSTIÇA APÓS A DECISÃO DO STF

Abstract

The decision of the Federal Supreme Court in the context of collective HC no. 143,641 was
an important step in the present discussions about female incarceration and the exercise of
motherhood in prisons. The result of legislative changes triggered since mid-2010, with the creation by the United Nations of the so-called Bangkok Rules, such a decision was considered
historic. However, it is questioned whether it is capable of significantly altering the
way the Brazilian judiciary is positioned. From the analysis of judgments delivered by the
Superior Court of Justice between March 2016 (date of entry into force of the so-called Legal
Framework of Early Childhood) and August 2019, it seeks to understand how this important
segment of the judiciary interprets the acclaimed judgment of the Supreme Court, as well as
the discussions that starts from it.