Encarceramento feminino no Brasil: direitos fundamentais de gestantes e mães orientanda:

Abstract

This article analyzes female incarceration in Brazil, with an emphasis on protecting the fundamental rights of pregnant women and mothers deprived of liberty. Drawing on national regulatory frameworks, such as the 1988 Federal Constitution and the Penal Enforcement Law, and international standards, such as the Mandela Rules and the Bangkok Rules, the research highlights the gap between formal guarantees and their effective implementation in the Brazilian prison system. Using a bibliographical and documentary approach, the study examines the impacts of overcrowding, the lack of adequate infrastructure, and state negligence on maternal and child health, as well as the role of the Judiciary in paradigmatic decisions, such as ADPF 347 and collective habeas corpus 143,641, which recognized the need for alternative measures to imprisonment. It found that the incarceration of pregnant women and mothers reinforces gender, racial, and class inequalities, directly affecting children's development and violating the principle of the absolute priority of childhood. It is concluded that overcoming this situation requires the implementation of legal and international safeguards, the expansion of non-custodial penal alternatives and the formulation of public policies aimed at dignified motherhood, health and the resocialization of female prisoners. Keywords: Female incarceration. Pregnant women.