O PUNITIVISMO ESTATAL EXARCEBADO E O CASO DA TRANSFERÊNCIA DE PRESAS NO MARANHÃO

Abstract

This Undergraduate Thesis analyzes the 2023 transfer of female inmates from the Davinópolis Prison Unit to the Women's Prison Unit (UPFEM), located in the Pedrinhas Penitentiary Complex. Although the State justified the transfer as a means to ensure these women’s rights, an analysis grounded in the theories of Angela Davis (2019), Achille Mbembe (2018), and Zaffaroni (1991), as well as in the examination of the legal process and the prison structures involved, reveals that the action constituted an abuse of state power, resulting in violations of fundamental rights guaranteed by national and international human rights instruments. The research adopts a qualitative approach, aiming to understand the methods used in the transfer and highlighting its illegality and nonconformity with legal standards, in addition to investigating the judicial process that sought to reverse the decision. Quantitative data on female incarceration in Maranhão are also presented. Classified as basic and exploratory, the study seeks to generate new insights into the prison reality in the state. The conclusion emphasizes that the social construction that marginalizes incarcerated women severely compromises their dignity—an issue further exacerbated by the transfer to the Pedrinhas Complex. This situation also leads to consequences such as overcrowding at UPFEM, contributing to a more conflict-ridden prison environment.