The (in) applicability of the human person's dignity principle front the maternity in the brazilian prison system

Abstract

This article aims to describe the reality experienced in female prisons, especially the conditions of pregnant women, parturients and lactating women, in confrontation with the principle of human dignity. We sought to analyze what the Brazilian legal system and international treaties present in relation to the theme, as well as what rights are guaranteed, in addition to verifying the current situation of female prisons and the effectiveness of the current legislation in relation to maternity. This is bibliographic research, in which a deductive method was used, with doctrinal research, of legislation and jurisprudence. In this context, we sought to verify whether the guarantees enshrined in the Constitution of the Federative Republic of Brazil, in the Penal Execution Law and in international provisions are in effect, observing whether the determinations fulfill what is expected of them and respect the peculiarities of pregnant women, parturients and lactating women in prison, and if this problem is a legislative or political and operational problem.