Marco legal da primeira infância e mães no cárcere: uma análise sob a luz do Sistema de Garantias

Abstract

The study aims to examine critically the matter of implementation of the right to familial and community living of the children of women who are imprisoned preventively. Therefore, with doctrinal foundation in the theory of the guarantism system of Luigi Ferrajoli, the study investigates the impacts of the regulatory framework of early childhood on the discipline of home arrests Thus, the apparent collision between the jus puniendi and the principle of the best interest of the child is analyzed, in particular as to appropriateness of home arrests, of women who are pregnant or have children aged up to twelve years. Another point of analysis considers the data and the social cost of the female prisonization and considers the international legal mechanisms that force the Brazilian State to comply with measures that attempt to minimize the ills in the penal system, as in the case of the Bangkok Rules. Supported by the propositions of Sposato, Vygotsky and Wallon, it is intended for Middle concept of child, revisits from a legal standpoint, and psychopedagogy from the perspective of life-cycle, in order to justify the need for differentiated policies and rights to the infant. Henceforth, the attention turns to another point of the investigation: the collective habeas corpus 143.641, with the purpose of assessing the application of the precedent, from the Federal Supreme Court, in the Court of Justice of Sergipe. hat said, the constitutional interpretation becomes essential for maintaining the abstract system in the democratic State of law, since respecting your essence. At the end, formulated a proposal from the criticism to this pointing possible solutions before the questions identified, leading to the further contributions in building other.