Cárcere e maternidade: a dupla penalização de mães e filhos

Abstract

The present study reflects over the relation between prison and maternity, focusing the declared objectives of the women incarceration in Brazil and the real objectives. In this perspective, it was sought to comprehend the concept of gender and its influence in the actuation of the penal system control, identifying in the analysis of the penal execution legislation the determinations about the coexistence between the mother incarcerated and her children, making a counterpoint to the reality on its inapplication. Therefore, the research starts in the dialectical method, in terms of the structural comprehension in which the object is inserted, where the female incarceration works as a control way of bodies of women who disrespect the determinations of the role paper socially accepted mother. Despite the extensive legislation on the subject, its nonapplication in reality in Brazilian prisons is not due the fact of a mere deficiency or inefficiency on the prison structure, but rather to undeclared objectives in the reproduction of the patriarchal structure based on the double penalization of women.