Encarceramento feminino e violações aos direitos fundamentais das mulheres presas no Brasil: uma análise em diálogo com a obra presos que menstruam de Nana Queiroz

Abstract

This research analyzes the violations of the fundamental rights of incarcerated women in the Brazilian prison system, investigating the gap between regulatory provisions and the factual reality of those in custody. The general objective is to detail the systemic illegalities that permeate the female prison environment, in a dialogue with the work Presos que Menstruam (Prisoners who Menstruate), by Nana Queiroz. Methodologically, a qualitative-quantitative approach is adopted, of an explanatory and bibliographic nature, based on a documentary analysis of secondary data (SISDEPEN) and the examination of doctrine and jurisprudence, notably the decisions of the Federal Supreme Court in ADPF No. 347 and Collective Habeas Corpus No. 143.641. The first chapter outlines the sociodemographic profile of the female prison population, mainly composed of young, Black or Brown women, with low education levels and in situations of acute social vulnerability prior to entering the criminal justice system. The second chapter examines the legal protection framework, including the 1988 Federal Constitution, the Law of Criminal Execution (LEP), and the international parameters established by the Bangkok Rules. Finally, the discussion demonstrates how the Brazilian State, by ignoring gender specificities and reproductive health, converts custodial sentences into cruel and degrading treatment. The results indicate that the androcentric prison structure intensifies female suffering, resulting in institutionalized torture and the moral asphyxiation of subjects made invisible by the public authorities.