AIN'T I A MOTHER?

MOTHERS IN THE BRAZILIAN CRIMINAL SYSTEM

Resumo

Brazil is one of those countries that have implemented a criminal justice system which is rooted in vengeance, racism, and sexism, and that is still a subject that continues to attract academic interest today. Regarding gender, prisons were designed with male bodies in mind, shaping the system around the needs of incarcerated men. Women were viewed as victims in that criminal system as they have a particular place assigned in the social patriarchic structure: they need to be safeguarded from violence and aggression. When they are jailed, they face serious challenges in their daily lives that are even worse if they are pregnant or breastfeeding their new-born infants. This study aims to analyse how Brazilian Law treats mothers within criminal justice system shedding light on the institutionalization of children and rupture of maternal bonds, questioning the disparity in treatment between incarcerated and non-incarcerated mothers. Brazilian society has on its formation gender roles well-established that see women as potential wombs for reproduction, the hypothesis is that this mother place (role as mother) is only valid as women are not part of criminal behaviours and go to jail. To achieve that objective, the study will follow the deductive procedure method and will use as tools theoretical books on gender theory, feminist criminology and Brazilian criminal justice system, Brazilian laws related to the subject and public official data of incarceration.  The article adheres to the thematic symposium as it will discuss in terms of Constitutional rights of mothers and children, how criminal justice system surpass the best interest of children and arbitrary removes women from this mother place, even if this is the standard place that has been given to women from birth and on in the Brazilian society and how mothers don’t get the possibility of reclaiming that role to be seen as legitimate mothers.