As condições das apenadas lactantes no sistema penitenciário do Rio Grande do Sul

Abstract

In Brazil, in 2022, Law n. 7,210 of 1984 (Penal Executions Law), guaranteeing women prisoners and their breastfeeding dependents, assistance and humanitarian treatment during the breastfeeding period. The addition to the text of the law is necessary due to the seriousness of compromising the transcendence of a criminal sanction, a principle that expressly prohibits such an effect within its constitutional article, establishing the State in the position of guarantor of the physical and psychological health of the exposed newborn. to the prison system until their first months of life. From the reality of incarcerated mothers versus the new normative regulation of criminal execution, there is a need to research whether the prison system of Rio Grande do Sul has developed adequate conditions in its structure so that there is preservation, in practice, of these legally reserved principles, these being survival and subsistence of nursing dependents and their mothers sentenced to preventive or permanent custody by the State. The article was divided into three parts: the first studies convicts and breastfeeding, the second the principles of humanity and personality applied to convicts, infants and children and, finally, the criminal execution law and the penitentiary system are examined. gaucho in the case of breastfeeding women. The work was carried out using the hypothetical-deductive method, being bibliographical research.