Mães e crianças atrás das grades: em questão o princípio da dignidade da pessoa humana

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This dissertation has the aim to analyze the institutional actions focused on the particular situation of the imprisoned women who have children in jail. To contextualize this research, it is necessary to do a short historical summary and characterization of the penitentiary system and the female criminality in a critical perspective that reassures the male orientation and point of views as guidelines to the institutional actions and their daily procedures. This contextualization works as a background of this theme of the dissertation. There are two different types of references in this study: a conceptual one, that brings the principle of the human being dignity as a fundamental analytical category of the human rights; and a normative one in which the tools that work to fulfill and guide the institutional actions in prison are analyzed. The institutional actions are analyzed taking areas such as health, sexual and reproductive rights, child education, childhood and penal execution, and relating them to the normative legal tools studied. As a methodological pathway, it was used a qualitative research in a relational dialectical perspective of the understanding and critics of this reality, it means, confronting the two references and the results of the empirical research. The documental analysis, data collection in national basis and interviews with imprisoned women from three units of Brazilian federation are included in the methodological procedures. These methodological and theoretical pathways are considered as the most suitable to analyze this complex reality, involving mothers and children in jail. The results of this study show the presence of a non-correspondence between the legal and normative tools that guide the institutional actions and the reality of the imprisoned mother. As a consequence, it is necessary to implement specific public policies to deal with this reality in a way to minimize the discritionary power of the penitentiary managements that are contributing to offend the principle of human being dignity.

ASSUNTO(S)

child human rights mulher prisão woman direitos humanos servico social prision criança

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