Mulher presa, filhos condenados: uma análise da aplicação do Habeas Corpus 143.641 na comarca da Grande Ilha de São Luís – Maranhão

Abstract

The Federal Supreme Court, on February 20st, 2018, granted the Habeas Corpus 143,641 to determine the replacement of pre-trial detention by the house arrest of female prisoners that are pregnant, on puerperal conditions or women that have children with less than 12 years of age under their responsibility. This order represents an important precedent, capable of guaranteeing imprisoned women and their children the respect of their fundamental rights, since there is an unconstitutional state of affairs in the Brazilian prison system, as well as the culture of incarceration. The purpose of this paper, however, is to analyze the implementation of Habeas Corpus 143,641 in the state of Maranhão in accordance with the guidelines drawn in its judgment. To do so, using the bibliographic, documentary methods, through a hypothetical-deductive, quantitative and qualitative approach, a dialogue is held about the institutes of Criminal Procedure and Criminal Enforcement, in order to demonstrate, in the end that the application of the provisions established in that Habeas Corpus is deficient in the state of Maranhão. Also, the grounds and purposes of the LEP are presented and how the assistance planned by that Law is applied in the São Luís - MA Women's Prison Unit, as well as an approach about the effectiveness of Law 11.942/09 and the principle of individualization of punishment in the case of female imprisonment and in what way Habeas Corpus 143.641 contributes to the effectiveness of the provisions of that Law.