A não observância do prazo razoável na execução da pena : um olhar a partir do encarceramento feminino

Abstract

The present research addresses the perception of suffering within the female prison, through women's narratives in relation to time and the impacts felt. It analyzes the formation of a society that perpetuates the imprisonment and concealment of women under veiled oppressive regulations, disguised as invisibility and neglect. The work goes through music and poetry, and is developed in three structural axes, the first of which delves into the narratives about prison time, where women affected by the prison space are the result of a structure of inequalities and oppressions in which the time and prison meet, resulting from a power that articulates these identities. Going through the reports of the women who enter this space, too, is to delve into the females who remain segregated in the various prisons. Imprisonments, which are sometimes internal within the external space (women outside), or external imprisonments with internal freedoms (women inside) or even internal and external imprisonment (inside and outside). In this way, the act of having a voice, feeling belonging in this new construction, is having space and being a place of speech for those who live in prison, for a time, whose symbols can be the emancipation of the right found in the “prison”, where violence and experiences can be understood as a reproduction of female imprisonment throughout history – that is to say, there is not a single story, but the reverse side of it told by female prisoners. Therefore, the second pillar is having a voice in this space, understanding the need to build a unique space for listening to these women; in which it is also sought to verify who these women are imprisoned in Brazil and in the prison house and how the justice system works with the institute of regime progression, from the reasonable period. In this sense, in addition to the analysis of the focus groups, the processes involving men (100) and women (100) to work on (inequality), and even more 153 names linked to the female prison, the case study was necessary to verify of how representation in the justice system permeates, with regard to regime progression, from the time of provisional segregation to the segregation pandemic, whose foundations seek to verify the time for granting the regime progression and its relationship with the reasonable period. And the third is led, from the creation of objective criteria that promote, as a condition, to protect human dignity, by using proportionality as a postulate and, seeking the objective criteria of the reasonable period for the reduction of damages about fundamental rights, as an instrument during the execution of the sentence. Thus, there is a meeting between term and time - either by observing the reasonable term, or by formulating compensatory criteria for the reduction of the damage caused by the state's omission in relation to the female prison scenario, a mere reproduction of the reality of the overlapping oppressions of women throughout the time.