SISTEMA PRISIONAL BRASILEIRO E A SELETIVIDADE NO TRATAMENTO DAS DETENTAS GESTANTES, PARTURIENTES E LACTANTES

Abstract

The article aimed to use the theoretical assumptions of critical criminology to analyze the implications of criminal policy that reverberates selectivity in the female prison system - specifically in the incarceration of pregnant women, parturients and lactating women. Methodologically, bibliographic research was chosen, based epistemologically on the decolonial lens of analysis on official data made available by bodies of the National Penitentiary System, legislation, normative, therefore, on the heterogeneity of practices that are articulated and re-aligned or re-aligned to comply with the desires and logic of the colonization process, dehumanization. In this sense, it was found that the axes of spoliation race, gender, class and generation cross pregnant women and puerperal women incarcerated in Brazil, and that the exercise of motherhood in the face of this situation is hampered by the white-cis-heteronormative policies and reach the children of these women in prison, head-on violating the constitutional principle of personality set out in Art. 5, item XLV, going back to the colonial mosaic, whose political (racial) condition was the only founding element for the effects of dehumanization, without distinction of gender and generation.