Encarceramento feminino e prisão domiciliar: análise jurídica do habeas corpus coletivo de nº 143.641/SP

Abstract

According to a survey carried out by the Public Policy Analysis Directorate of the Getúlio Vargas Foundation (FGV DAPP), there was a 700% increase in the number of inmates between 2000 and 2016 in Brazil. In addition, it was reported through a report by Newspaper El País that in 2018, the Public Defender's Office of the State of Rio de Janeiro identified approximately 53 women who should be subjected to house arrest instead of preventive detention. In this way, what is shown is a major problem with the increase in female incarceration and the non-correct applicability of the house arrest institute. For this reason, the present work proposes to carry out an analysis of habeas corpus number 143.641, where through this, the Federal Supreme Court granted to all incarcerated women mothers, pregnant women or mothers of children up to 12 years of age, with or without disabilities, the benefit of house arrest. In order to contextualize the understanding of the situation, a path of analysis was taken from the historical context that involves female incarceration in Brazil, as well as a mapping of the female prison population, according to data collected by INFOPEN. The subject was also introduced to the understanding of the legal system that composes the situation, the types of prisons, as well as the main national and international legislation that guides the subject of female incarceration and the situation of mothers in prison. Finally, an analysis of the object of this work is proposed, that is, the HC 143.641, to understand the appropriateness of the measure, the arguments explored and, most importantly, the jurisprudence generated around the decision. To arrive at such information, a bibliographical review was carried out on the subject, which comprises a series of authors, as well as a detailed analysis of the document generated when the decision was taken. As a result, it is understood that the Ministers of the Federal Supreme Court immediately adhered to the measure as a cause of important complexity to be debated. Thus, they followed an international trend of concern about female incarceration that is growing more and more every day in Brazil.