O direito reprodutivo das mulheres encarceradas no contexto da pandemia do Covid-19

Abstract

This work aims to discuss the intersection between the incarceration of women and the Covid-19 pandemic. The matter is part of a prison system that has produced violations of women's reproductive rights. In this vein, it is essential to analyze the current situation in order to obtain coherent data and analyzes that allow the discussion about which rights are being violated and how it is possible to fully guarantee these rights. In short, while the National Council issued recommendation no. 62 in the midst of the Covid-19 health crisis, strengthening guarantees of the rights of incarcerated women, the pandemic reinvented the problem of female incarceration, especially with regard to the structure of health services to assist pregnant and parturient women. Since violations that already crossed female bodies take greater proportions in the context of the biggest recent health crisis. The central problem can be expressed in the following question: What are the main violations and the main challenges for the realization of women's reproductive rights in a prison system and their exercise of motherhood in the context of the Covid19 pandemic and how can it be improved? this scenario?. The specific objectives are directly related to the object delimited as a theme, namely: i) identify chronic problems of the penitentiary system, emphasizing the historical disrespect for the rights of prisoners, especially with regard to the right to health; ii) argue about how the Covid-19 pandemic impacted this scenario, further delving into the problems related to guaranteeing prisoners' rights to health; iii) report on the situation of women prisoners in Brazil, which is guaranteed to them. iv) specify about pregnancy in prison, in addition to what the legislation says on the subject.