Os direitos da mulher encarcerada à luz do princípio da proporcionalidade

Abstract

This thesis deals with the principle of proportionality , which initially had its application in Administrative Law, but today is applied by all segments of the law, including the Criminal and Criminal Process Law. To better understand it, its concept was approached with a retrospective and related principles were made explicit. There was also a concern in examining whether the terms proportionality and reasonableness are similar institutes or not, depending on the tendency adopted by the interpreter. In the second part of the thesis, a historical retrospective about female prisons was made, pointing out the present major problems in prison establishments especially those for women, who often have their rights ineffective, because they are a minority. Deductive logic and comparative methods were employed during the course of the thesis. An analysis of the rights accorded to female prisoners laid down both by the Federal Constitution and by the Prison Law was performed by making a comparison to the rights granted to male prisoners. It was ascertained that the State action is often lacking to implement the rights of incarcerated women, there is no uniformity in the granting of their rights throughout the Brazilian prison system. It was concluded the need for adaptation of female prisons for those who are mothers to be able to have closer contact with their children, safeguarding these from living within prison institutions. The implementation of more nurseries is required together with the allowance to all prisoners, mothers or not, to work in these venues, acquiring a trade and enabling that, as part of the sentence, with the progression of penalty regime, they will be able to work in federal, State and municipal schools, acquiring professional experience as a means of social reintegration and somehow supplying, albeit provisionally, the lack of people who provide services in Brazilian public schools