FEMALE IMPRISONMENT: AN ANALYSIS IN LIGHT OF THE CONSTITUTION, THE LEP AND HC 143.641/SP

Abstract

This study addresses female incarceration in Brazil from a gender perspective,focusing on a critical analysis of the situation of imprisoned women in light of the 1988Federal Constitution, the Law on Penal Execution (LEP), international human rights treaties,and the jurisprudence of the Federal Supreme Court, particularly the decision issued inHabeas Corpus 143.641/SP. The research is qualitative, exploratory, and bibliographic innature, with the general objective of analyzing the challenges and prospects for ensuring the rights of women deprived of liberty, considering their specificities and vulnerabilities. Thestudy highlights the structural and normative shortcomings of the Brazilian prison system inmeeting the needs of women, especially regarding motherhood, health, family life, and humandignity. The STF’s decision in HC 143.641/SP is presented as a landmark in recognizing theprotection of motherhood and childhood in prison, aligning with Hegel’s philosophicalperspective on the centrality of the family and social well-being. The paper also discusses thelimitations of the ruling, as it does not extend to convicted women in closed or semi-openregimes, and proposes the expansion of alternative penalties and public policies aimed at thesocial reintegration of incarcerated women. The study concludes with a call for therestructuring of the Brazilian penal system, focusing on social justice, gender equality, and therealization of fundamental rights.