Banca de DEFESA: VANESSA MENEGUETI

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : VANESSA MENEGUETI
DATA : 30/11/2020
HORA: 14:30
LOCAL: Remoto
TÍTULO:

The incarceration sense of the criminal legal system: reflections on precautionary house arrest based on Luhmann's and modern penal rationality theories

PÁGINAS: 150
GRANDE ÁREA: Ciências Humanas
ÁREA: Sociologia
SUBÁREA: Outras Sociologias Específicas
RESUMO:

The incarceration of women has gained attention in recent years due to its accelerated growth, the mobilization of civil society actors, the production of academic research, and the new legislation and policies aimed at pregnant women and mothers. The Precautionary Law, The Legal Framework for Early Childhood, and the recent Law No. 13.769/2018, presenting themselves as a legislative novelty that incrementally proposes sanctions and humanized practices, expanded the scope of precautionary house arrest. The Habeas Corpus No. 143,641, a leading case ruled by the Supreme Court (STF), reinforced such legal provisions by ordering house arrest to all pregnant women prisoners and mothers of children up to 12 years of age, reflecting on the incarceration culture of the legal system and affecting standard operations of the criminal legal system. Despite this, there are movements of resistance to the application of the measure, as the criminal legal system pursues incarceration and imprisonment as a guiding sense, failing to apply house arrest to all potential beneficiaries. Legal and case law discretion, the reframing of the house arrest by the system of justice and social and moral values are the grounds of the decisions denying the measure. Grounded in the Theories of Social Systems and Modern Criminal Rationality, this research analyzes: (i) the movements of civil society organizations and the political system to pass the bills regarding house arrest; (ii) the impacts of self-reflection and self-affection in the legal system provoked by the ruling of the collective writ and the following monocratic decisions; (iii) the resistance and the manifestation of the incarceration sense on the compliance with the measure by the Court of Justice of São Paulo, national and State of São Paulo data on the incarceration of women and the granting of house arrest, as well as denial decisions attached to the records of collective HC No. 143,641.

 

MEMBROS DA BANCA:
Presidente - Interno ao Programa - 1891496 - CAMILA CALDEIRA NUNES DIAS
Membro Titular - Examinador(a) Externo à Instituição - MAÍRA ROCHA MACHADO - FGV
Membro Titular - Examinador(a) Externo à Instituição - LUIZ ANTÔNIO BOGO CHIES
Membro Suplente - Examinador(a) Interno ao Programa - 2222046 - ALESSANDRA TEIXEIRA