Maternidade e política carcerária: uma análise da implementação do habeas corpus coletivo 143.641/STF, na concessão da prisão domiciliar, na unidade prisional de ressocialização feminina, em São Luís/MA

Abstract

This dissertation analyzes the implementation of Collective Habeas Corpus no. 143.641/STF as a judicial public policy aimed at the decarceration of pregnant women and mothers, using the Female Resocialization Prison Unit (UPRF) of São Luís, Maranhão, as a case study. The study begins by contextualizing the structural crisis of the Maranhão penitentiary system, historically marked by the collapse of the Pedrinhas Complex and the recognition of the "Unconstitutional State of Affairs" in ADPF 347. From the perspective of Critical and Feminist Criminology, it problematizes the androcentric nature of the prison and the "gender penalty" imposed on motherhood in prison, based on the category of "undisciplined society" by Luciano Oliveira, as well as the contributions of Zaffaroni, Salo de Carvalho, and Soraia Mendes. The research adopts a qualitative approach and a critical-dialectical method, articulating a literature

review, documentary analysis, and field research, the latter conducted through semi- structured interviews with actors from the Public Defender's Office, Social Service, and

Penitentiary Administration. The results indicate that, although HC 143.641 represents an indispensable normative advance in the face of the inertia of the Executive and Legislative branches regarding the protection of early childhood, its local effectiveness faces institutional and cultural barriers. It is concluded that there is a dialectical tension between the emancipatory ruling of the Supreme Court and the local operational reality, where the punitive judicial culture and the absence of social protection networks limit the full guarantee of house arrest, requiring the integration between the justice system and social policies so that freedom does not turn into helplessness.