AGAINST THE TIDE?
HOME PRISON AS A WAY TO WOMEN'S DECAUTION
The increase in women's incarceration in recent years, driven by the Law No. 11.343/2006, provisional imprisonment and gender markers, has drawn attention for its rapid pace. On the other hand, the successive laws and policies aimed at women prisoners, especially pregnant women and mothers, indicate that this agenda has reached greater political visibility in recent years. In this scenario, the house arrest has been presented as an alternative to provisional imprisonment of women, and its application has been extended with the advent of the Legal Framework of Early Childhood, the judgment of the collective Habeas Corpus No. 143,641 by the Federal Supreme Court and the recent Law No. 13,769/2018 that enforced its application, except for few situations. The justice system thus emerges as an important actor responsible for, besides ruling over the crimes, ordering the early imprisonment of women and at the same time applying or not possible measures that would free this group. This research intends to verify the application of house arrest to pregnant prisoners and mothers by the criminal justice system to demonstrate how this system interacts with potentially liberating measures of women, to understand the complexities, resistances, movements, and impacts on imprisoned women’s body caused by house arrest due to the performance of the justice system. To carry out this analysis, concepts and assumptions used in Niklas Luhmann's Theory of Social Systems and Álvaro Pires' modern criminal rationality will be used. The research will feature data made available via the Access to Information Act, as well as reports, court decisions and interviews with relevant actors to understand the case in study.