Prohibition Of Conjugal Visits In Female Prisons: The American Convention On Human Rights As A Mechanism For The Preservation Of Prisoned Women

Abstract

This paper proposes to analyze how criminal law deals with the demands and specificities of imprisoned women, in view of the fact that the prison system, designed and constructed by men and for men, reproduces the social dynamics inserted in the Brazilian society. In this sense, the woman has her body, besides her sexuality, controlled according to preexisting gender patterns. The discussion is about the (non) granting of conjugal visits to women prisoners, by the penitentiary administration. Considering that Brazil is a signatory to the American Convention on Human Rights, if effectively applied the precepts contained therein, it can be an important instrument for preserving the rights of women prisoners. For analysis jurisprudence of the Superior Courts, official data provided by the National Penitentiary Department and doctrines of scholars of the subject will be used.The method chosen was historical-dialectic in an exploratory and descriptive perspective regarding the objectives of the research. Understanding the sexuality of women in prison as a constitutional right is fundamental to building a model of criminal enforcement that is more humanitarian and socialist.