Prisão domiciliar cautelar sob uma perspectiva de gênero: estudo à luz do habeas corpus coletivo 143.641- SP/2018 e seus efeitos no Tribunal de Justiça do Rio Grande do Sul

Abstract

Reflecting the extent to which gender impacts Habeas Corpus decisions in relation to house arrests within the scope of the Court of Justice of the State of Rio Grande do Sul, this research aims to understand whether the precautionary measure is being made feasible. Thus, the problem is analyzed in light of the Early Childhood Framework and Collective Habeas Corpus nº 143.641 – SP/2018, from both qualitative and quantitative perspectives. Based on a jurisprudence timeframe dating from 03/30/2022 to 02/12/2020 (date of trial), the research qualitatively analyses the grounds presented for the concessions or denials of house arrest for pregnant women and women with children up to 12 years old. Quantitatively, the research used as a sample the crimes that most required the measure and verified how many were granted or denied. Thus, the study starts by analysing basic concepts of preventative arrest, preventive detention and house arrest. In addition, it assesses the Early Childhood Framework, the Collective Habeas Corpus nº 143.641 - SP/2018 and other measures mentioned in these documents. Then, the study evolves to analyze data on female incarceration, both nationally and in the state of Rio Grande do Sul, which provides a basis for understanding the profile of women detainees. In this sense, the Habeas Corpus jurisprudence for house arrest of the Court of Rio Grande do Sul is analysed to verify the narratives that justify its application or not. Using Critical Criminology and Feminist Criminology standpoints, the study critically analyses the Brazilian criminal justice system and its punitivism, intertwining gender issues with the arguments and narratives found in the Court's decisions. The study concluded that the decisions have a gender bias and that a social study could be an interesting alternative to verify whether the measure of house arrest would serve the best interest of the child. For that, the methodology used is the qualitative approach, with documental analysis and jurisprudential investigation.