A ressocialização e legitimidade da jurisdição para garantir direitos fundamentais da presa no cumprimento de pena no Estado do Pará

Abstract

The present work approaches the re-socialization and legitimacy of the jurisdiction to guarantee women prisoner's fundamental rights while serving a sentence in the State of Pará, Brazil. The reality of most incarcerated women is being restricted from human rights and the absence of proper female penitentiary policies. The failure to apply policies that assists incarcerated women, such as exams related to women's health; provision of environments for nursery and day care; among others, are factors that compromise the women's dignity. Thus, this paper aims to demonstrate the importance of readjustment of this reality to guarantee human rights, with the insertion of women as protagonists in the operation of the law, in order to deconstruct the male-oppressive logic founding a patriarchal Criminal Law, thus providing, greater visibility and legal and social support for incarcerated women. Therefore, this project will deal with the disrespect to the dignity and human rights of the imprisoned woman and the current situation of the Penal System and Feminist Criminology. Finally, it will address the state responsibility related to female incarceration, as well as the need for a Feminist Criminology and the consequent implementation of feminist penitentiary policies. Is was used the inductive method, through the specific analysis of the disrespect for women's rights in prison situations, to further address the need for a feminist criminology able to implement feminist penitentiary policies focused to meet the specific needs of the female gender inserted in the prison. Also, the methodology was based on data analysis contained in the Journal of the State Secretariat for Penitentiary Administration (SEAP) available on the agency’s official website.