House Arrest: An Analysis of the Brazilian Reality
摘要
Latin America has experienced an upsurge of penalization for drug trafficking-related crimes since the 1990s, resulting in an exponential increase in the number of imprisoned people. Statistics display that the increase of female incarceration stands out, with high and disproportionate numbers compared to the male imprisonment and the population growth itself. In Brazil, the profile of incarcerated women indicates that they are predominantly poor, Black, from peripheral areas, and single mothers, showing that the imprisonment of women affects the family unit and a significant number of children. International norms have pointed to the need for de-incarceration strategies, and, on national terms, recent legislative changes have expanded the hypothesis under which preventive detention can be replaced by house arrest. However, what is observed is that the preventive detention of women, which should be an exception, has been widely used in the Brazilian justice system. The fact is that, from January to June 2023, there were 12,556 women temporarily detained. Such numbers demonstrate that women who have not been convicted through due process and are therefore still considered innocent have been experiencing the punishment of imprisonment in an ostensive manner. In this regard, this chapter aims to analyze the reality of house arrest in Brazil and its impact on the lives of women and children. Although preventive detention may be considered less devastating than common imprisonment, it must be acknowledged that it is still a preventive measure of liberty and there are currently few studies that delve into this reality and its psychosocial impacts, that is to say, affective, emotional, political, and socio-economic impacts experienced by women and their children. Therefore, it is important to understand that this issue is multifaceted and requires comprehensive studies to guide public policies within the justice system and social policy sphere.