Banca de DEFESA: SHARLENE FABRÍCIO DE SOUZA MUNIZ

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : SHARLENE FABRÍCIO DE SOUZA MUNIZ
DATA : 28/06/2021
HORA: 15:00
LOCAL: Sala virtual Google Meet
TÍTULO:

THE PRECAUTIONARY ARRESTS OF MOTHERS OF CHILDREN: ANALYSIS OF THE DECISIONS OF THE RONDÔNIA STATE COURT OF JUSTICE AFTER THE HABEAS CORPUS 143.641 OF THE STF

PALAVRAS-CHAVES:

Human Rights. Prison. Maternity. Judicial decision.

PÁGINAS: 86
GRANDE ÁREA: Ciências Sociais e Aplicadas
ÁREA: Direito
SUBÁREA: Direitos Especiais
RESUMO:

The historic judgment by the Supreme Court of habeas corpus n. 143.641, which collectively granted the order to all pregnant women and mothers of children up to 12 years of age or in the custody of people with disabilities, substituting their preventive detention for home detention, brought the realization of this right which, despite recognized, had been despised. This made society turn its eyes to the situation of incarcerated mothers, deserving a deeper analysis on the subject. It is important to highlight that the study on this special protection of the mother that is in prison system will seek to analyze the principles involved and the measures that are being adopted for the realization of fundamental rights, from the perspective of human rights and the development of justice. Consequently, it is necessary to analyze the reservations dictated in that decision, considering the difficulties of the Courts in carrying out the decision of the Federal Supreme Court. This study considered the position of the Court of Justice of the State of Rondônia, adopting the type of research by sampling decisions of 2nd Instance on the subject from January 2019 to June 2020. A qualitative and applied approach was taken, aiming to generate knowledge for practical application, as well as an exploratory type with bibliographical and documentary research, using the knowledge of renowned authors to study the fundamental principles involved in guaranteeing the rights of mothers incarcerated and their children, in addition to the jurisprudence that have addressed the subject, making a selective, critical and analytical study on why many decisions are still not applying the understanding set forth by the Supreme Court. Therefore, it can be concluded that, despite the Federal Supreme Court having adopted a leading role in decisions of great social repercussion, the Courts of Justice have faced the dilemma of applying society's right to punish and reprimand a crime, or apply the special protection of the family and the dignity of the human person, specifically the child whose mother is segregated.

MEMBROS DA BANCA:
Presidente - 1671367 - PATRICIA MARA CABRAL DE VASCONCELLOS
Interno - 1734261 - FERNANDO DANNER
Externo ao Programa - 2116148 - BARBY DE BITTENCOURT MARTINS