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.
