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Punishment and gender: a legal approach of the house arrest penalty due to the decision of the collective Habeas corpus nº 143.641/SP by the Supreme Federal Court of Brazil

Grant number: 19/12218-7
Support type:Scholarships in Brazil - Master
Effective date (Start): September 01, 2019
Effective date (End): September 11, 2020
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Maira Rocha Machado
Grantee:Viviane Balbuglio
Home Institution: Escola de Direito de São Paulo (DIREITO GV). Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

This research aims to contribute to a socio-legal approach regarding the replacement of the preventive detention by the house arrest penalty when this measure is applied to women. It is intended, through a qualitative methodology based on the study of a single case, to observe the effects of the decision of the Collective Habeas Corpus nº 143.641/SP (Supreme Federal Court of Brazil), which ordered the replacement of the preventive detention by the house arrest penalty for all women that are pregnant or who are mothers for children up to 12 years old or with disabilities, in the legal arrangements of the justice system in the state of São Paulo. (AU)

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