Direito à amamentação no sistema penitenciário na cidade de Fortaleza

Abstract

Discuss the right to breastfeeding in the penitentiary system of the city of Fortaleza. The right to breastfeed in the prison system is a fundamental right, it's in the Art. 5, L, of the CF/88. It will be necessary, before inquiring into the merits, to analyze the origin of the penalties to comprehend the historic-legal evolution that substantiates in incarceration as a form of punishment. Therefore, it's important to deduce that the right to breastfeeding in the scope of the prison system is not only in our Constitution, but also direct and indirectly in others laws: Lei de Execução Penal, Estatuto da Criança e do Adolescente, among others. So, the present work, will also analyze breastfeeding from different perspectives (historic, emotional and scientific), culminating in the legal aspect. Lastly, it will briefly analyze the jurisdiction on the matter of the concession of house arrest to lactating mothers. The goal of this work, therefore, is to direct a look onto the matter of the exercise of maternity inside the prison system, particularly about breastfeeding, generating reflexions about the child's permanence time in said system, in addition to, by way of data presentation, comprising the current situation of prisons in Brazil, and more specifically in the state of Ceará.