Motherhood and incarceration: the role of the TJSP in the judicial control of the special downgrading incarceration conditions under the terms of art. 112, §3 of the Penal Execution Law

• Grant number: 22/06175-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: August 01, 2022
• End date: July 31, 2023
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Mariângela Gama de Magalhães Gomes
• Grantee: Beatriz Ferreira de Paula
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

In recent years, there have been a series of legislative changes to provide greater protection to the exercise of motherhood by women prisoners, such as Law 13,257/2016, and Law 13.769/2018. The latter added §3 in art. 112 of the Penal Execution Law, bringing specific requirements for the progression of the regime of pregnant women, mothers or guardians of children or people with disabilities, reducing from Y to [ the time spent serving the sentence necessary for progression to a less burdensome prison regime. In this scenario, the present project aims to understand the role of the TJSP in the judicial control of the downgrading incarceration conditions for pregnant women and mothers or guardians of children or people with disabilities. For this, we propose the analysis of court rulings, which will seek to identify, systematize and analyze, through the Grounded Theory method, the arguments and speeches mobilized by the magistrates to justify the granting or denial of that right