A primeira infância dentro do cárcere: uma análise das crianças encarceradas à luz do princípio da dignidade da pessoa humana

Abstract

Prison facilities were not historically or structurally thought of as an environment to be occupied by newborns or children. However, with the gradual increase in female incarceration, it could be seen that many of these women were pregnant or with children, which generated the need to analyze the issue from a new perspective. Thus, with this new panorama in which a child is inserted, during his/her moment of greatest vulnerability, in an environment fraught with violations of the minimum rights of the female prison population, it was found that it is essential to talk about this theme. Therefore, when studying the issue of early childhood in prison, specifically the situation of the child born to a woman deprived of her liberty, the objective was, from the principle of human dignity, to examine what the legal system says regarding to the rights of these infants, exposing the factual reality in which they are immersed. This is a research that uses the deductive method, starting from an analysis of the legal precepts that should be guaranteed by the State to infants, in search of a critical synthesis as to the existence or not of the necessary apparatus for a dignified early childhood in context of motherhood in prison.