WOMEN IN PRISON AND VIOLATIONS OF MATERNAL RIGHTS: AN ANALYSIS BASED ON DATA FROM THE NATIONAL PENITENTIARY DEPARTMENT IN 2024 ON PREGNANT AND BREASTFEEDING WOMEN IN THE BRAZILIAN PRISON SYSTEM

Abstract

This study analyzes the reality of pregnant women and mothers deprived of liberty in the Brazilian prison system, focusing on the guarantee of their rights and the protection of children under their care. It aims to understand how the Brazilian legal framework, especially the Penal Execution Law and subsequent legislation, has contributed to the humanization of penal execution in these cases. A qualitative approach was adopted, based on bibliographic review and document analysis, including data from the National Penitentiary Department Information System for the year 2024. The methodology is grounded in the theoretical contributions of Bitencourt (2011), Borítza and Borela (2020), and Chalita and Sousa (2021). The findings indicate that, despite legal advances such as special regime progression and the possibility of house arrest, significant structural difficulties persist in the prison system. There is a lack of adequate facilities, including specific cells, nurseries, and daycare centers, as well as a shortage of specialized professionals for maternal and child care. It is concluded that there is a gap between legislation and its effective implementation, which compromises the protection of the fundamental rights of these women and their children. The study highlights the need for more effective public policies, with structural investments and integrated actions, in order to ensure dignified conditions and promote the enforcement of the principle of absolute priority within the context of penal execution.