O encarceramento feminino no sistema prisional brasileiro sob a perspectiva dos direitos da personalidade

Abstract

This paper aims to analyze the impact that the Brazilian prison system has on the inmates' personality rights, regarding their dignity and physical and mental integrity. In addition, there is an emphasis on the study of the conditions to which incarcerated lactating women, mothers and those who are accompanied by their children in the prison system are experiencing, which demonstrates the alarming and undignified situation to which these women are exposed, such as remaining in inadequate and unhealthy spaces in the care of unborn children and children and also the lack of structure for the constitutional guarantee given to the incarcerated mother so that she remains with her child during the breastfeeding phase. The divergence of the objective of the prison system with the current reality of the female prison system is also highlighted, since the prison system works with the intention of re-socializing individuals so that, within a sentenced period, they are prepared to return to society, however, the Federal Supreme Court, through ADPF 347, has already recognized that the prison system is unconstitutional and that it still practices continuous violations of fundamental and human rights. Thus, it is noteworthy that the current structure that the female prison system offers makes the inmates have their dignity affected along with their physical and mental integrity, resulting in a flawed system for the resocialization of inmates, while doing with that the inmates serve their sentence in inhumane conditions.