O marco legal da primeira infância e as alterações trazidas ao art. 318 do CPP: uma análise sobre os impactos da lei 13.257/2016 na substituição das prisões preventivas pelas prisões domiciliares prolatadas pelas câmaras criminais do Tj-Ba no período de 01/11/2019 a 01/11/2021

Abstract

Law 13.257/2016, also known as the Legal Framework for Early Childhood, represented an important change in Brazilian legislative production - especially with regard to the protection of the rights of children up to 6 years of age, as it establishes guidelines for the production of public policies aimed at this audience. With the changes brought, especially, to the CrPC, new hypotheses for converting preventive detention into house arrest were added, with the intention of encouraging the maintenance of the bond and coexistence between the imprisoned parents and their children. It so happens that, at first, these measures faced resistance from the Judiciary, especially because their guaranteeing nature was mistaken as a white card to the reiteration of criminal offenses. In this sense, it is proposed to analyze the reception of the changes in the scope of the Bahian judiciary, in order to identify if there is – and what would be – the dominant position in such decisions.