Encarceramento de mulheres mães: impactos para as entidades familiares monoparentais maternas

Abstract

The objective of this dissertation is study the social right of protection of maternity and childhood from mothers deprived of liberty of single-parent's families. In addition to originality and opportunity, the research is justified both by the social relevance because treats vulnerable groups as sujects of law, and by the fact that the family is the basis of the society. Because of this, analyzing the impacts that incarceration from the mothers in single-parent's is relevant to observe the consequences, not only on the formation of the women deprived of liberty's children, but also on the eventual families they will have. The research starts from the premise that the social right of protection of maternity and childhood from mothers deprived of liberty of singleparent's families, although have been in diferents laws, is not guaranteed to women who are mothers and are deprived of their liberty. This fact generat negative impacts, both for women and for their families — in view of the growing number of single-parent maternal family entities, in which only the mother is the material and affective provider of the children. The main's question of the research is: how does the incarceration of women mothers impact the guarantee of the social right to maternity and childhood protection in relation to single-parent family entities? To answer this question, firts, has studied a feminist theoretical approach of the women's history, studying terms likes feminism, patriarchy, social right to maternity protection, includying its prediction and its application in families. After, points of intersection and questions between incarceration and family has exposed, wichspecific study of the incarceration of women. On this chapter, the results of the empirical research has disclosed. Finally, the last chapter of the dissertation will be, in a conclusive tone, a resumption of everything that, throughout the writing, was exposed: the contribution of feminist theory in the reading of the social right object of the dissertation will be disclosed; the impact of the incarceration of women in the families and, finally, the confrontations to be faced, later, to change the factual and social reality of the research subjects. The work used the deductive method, with qualitative and quantitative analysis and empirical research was carried out with field research, in addition to bibliographic and documentary research. The research developed in the Graduate Program in Law at the Federal University of Pelotas, area of concentration Social Rights and line of research Law and Social Vulnerability.