Discursos encarceradores: análise da cultura da prisão em descompasso com as regras da resolução 369-CNJ no contexto das reclusas de Buíque-PE.

Abstract

The following research intends to show the legal discourse influence in the incarcerating culture. Aiming this end, a qualitative and quantitative analysis of judicial decisions handed down by the various magistrates of the State Judiciary in Pernambuco was carried out, with judgment for the judgment of criminal cases of inmates inserted in the female prison system located in the District of Buíque/PE, as well as its criminal enforcement processes. It seeks to verify whether, in view of the National Council of Justice’s Resolution 369 issue, the representatives of the Judiciary have observed the protection orientation of the rights of mothers and their children and dependents, in respect of the objectives outlined in the Early Childhood Legal Framework, according to which, the fulfillment of preventive detention is substituted for house arrest in the case of pregnant prisoners, mothers of children up to 12 (twelve) years old or who have in their families, disabled person who depends on their care, regardless of age, provided they have not committed a crime with violence or serious threat or against their own children. The analysis was about the main reasons for the existence of the decisions that rejected the substitutive measure and prioritized the precautionary prison, even in the face of the atypicality of the pandemic period. The research is divided into two distinct moments: a quantitative stage, in which an attempt was made to understand the functioning of criminal justice based on the numbers extracted from decisions handed down between March 2020 and the completion of the research, which took place in October 2022; and a qualitative stage, formed by the analysis of the decision-making contents, through the observation of the legal grounds used, above all, for the denial of house arrest to the group of prisoners who fulfill the necessary requirements for its concession.