The female prison population of Ji-Paraná and the re (verse) of the Maria da Penha Law.
Women. Incarceration. Profile. Maria da Penha Law. Human rights.
This work has as its theme the phenomenon of the increase of the female prison population in the Brazilian prison system. For the purpose of identifying the contingent of female prisoners and analyzing the profile, the study was limited in the case of female imprisonment in the state of Rondônia, based on the Infopen Mulheres Report, 2nd edition, published by the Ministry of Justice and Public Security and the National Penitentiary Department, in 2017, about the female prison population per unit of the Federation, where she reports that Rondônia has 721 women deprived of their liberty, ranking 16th in the list (2017). It also has as a focus the identification of the reasons why these women committed crimes, therefore, the need to distinguish the hypothesis that women are effectively victims of gender violence in the domestic sphere, those other situations in which they act as author, co-author or participant in criminal offenses, so that the result in the treatment is differentiated and fairer in each situation that are effectively different; because we assume that some women are coerced into committing crimes in favor of their companions (or even with them), or in favor of those who have a power over them, especially of an economic or affective nature, consequently they can not be penalized same way as those in different circumstances. The LMP - Lei Maria da Penha (Law No. 11.340 / 2006) is analyzed, in which it has, according your summary, mechanisms that have the purpose of curbing domestic and family violence against women, under the terms of art. 226, §8, of the Federal Constitution of 1988, the Convention on the Elimination of All Forms of Discrimination against Women, and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, among other measures. However, despite the passage, many obstacles still surround the application of LMP, material (lack or inefficacy of services) and personnel, ranging from the ignorance of the Law by the population, to the diversity of understanding between law enforcers. The qualitative research was carried out in two stages, the first being the adoption of documental and bibliographical methodological procedures with emphasis on Human Rights and the Maria da Penha Law; and the second one of participatory observation, with application of 24 questionnaires and interviews done at the Ji-Paraná Women's Penitentiary (RO), on 12/17/2017 to 01/14/2018 and 01/21/2018, with inmates who participation, with the collection of the following data: state of origin, age group, color or race, education level, marital status, family composition, religion, socioeconomic condition measured by the minimum wage in Brazil, number of children, and orientation sexual. This sociodemographic profile of the female population deprived of liberty in this penal establishment constitutes the basis for analyzes and subsequent proposals for the fulfillment of their rights as women. As final products proposes the Project of the Law that transforms the sole paragraph of art. 310, Decree-Law no. 3,689 of October 3, 1941, Code of Criminal Procedure, in paragraph 1, adds other provisions and gives other measures and the production of the Human Rights Booklet for Women of the state of Rondônia with the respective legal frameworks, whose purpose is the Human Rights Education for women and the general public.