MOTHERHOOD IN PRISON: A CRIMINOLOGICAL ANALYSIS OF THE PENAL SYSTEM AND THE IMPACTS OF PUNISHMENT ON THE RELATIONSHIP BETWEEN MOTHERS AND CHILDREN

Abstract

This paper analyzes female incarceration in Brazil, focusing on the implications of motherhood within the prison context. The Brazilian prison system, although widely debated, presents serious structural failures and neglects the enforcement of human dignity, a fundamental constitutional principle. The female prison population has grown significantly, placing Brazil among the countries with the highest number of incarcerated women. However, studies on the specificities of female prison experiences, such as motherhood, remain scarce. The mother-child relationship suffers deep ruptures due to deprivation of liberty, lack of adequate public policies, and poor prison conditions. Social stigma also contributes to the invisibility of these women’s needs, directly affecting child development. This research seeks to understand how maternal relationships function within prisons, identifying the impacts of this experience and the role of the State and legal system in protecting the fundamental rights involved. It concludes that there is an urgent need for specific public policies that respect motherhood in prison and promote the human dignity of women and children, in accordance with constitutional principles and international commitments assumed by Brazil.