Prisão imprescindível, presença materna substituível? análise das percepções do sistema de justiça criminal acerca da maternidade de mulheres que solicitam prisão domiciliar

Abstract

The present research proposes to understand the way in which the maternity of women who committed criminalized conduct while they were pregnant and / or mothers of children under 12 years old, is perceived by actors of the justice system when they demand house arrest supported by the legislation regarding their condition. This is a documentary analysis that has as corpus some legal proceedings against women who were arrested in the prison unit of Salvador, Bahia, in the period from 2017 to 2019. In the light of conceptual lenses from black feminism and from the theory based on data, observe how the referred maternity is conceived by the juridical/judicial voices, considering the manifestations of the defense, prosecutors and judges in the records of judicial proceedings. It was observed numerous resistances to the granting of the measure were also observed, expressed in punitivist speeches that, often, create and justify the various obstacles to the application of the law expressly provided for cases like these. The results point both to an invocation of notions of socially idealized maternity, which enclose women in the domestic environment and in traditional gender roles, as well as to approaches that deny, contrario sensu, the relevance of the maternal presence in living with the child, associating this specific type of maternity and maternity to situations of danger and possibilities of bad influence for his / her own daughters. In general, the research showed that the perceptions of the various actors in the justice system regarding the maternity/maternity of women deprived of their liberty, notably those who fight for the fundamental right to family life and the exercise of care for their children, reproduce stereotypes, prejudices and selectivities typical of society in general and legitimized by public security and criminal justice systems in our country, which also contributes to the maintenance of structural and structural inequalities, strongly grounded in class-based systems of oppression, racist, sexist and heteropatriarchal.