Direito social de proteção à maternidade nas prisões

Limites da progressividade especial durante a pandemia de covid-19 no Brasil

Abstract

Abstract: The present study aim to analyze, through a bibliographic and documentary review, the questions that mediate the progressivity of the execution of the sentence, especially in relation to the changes coming by legislative innovation of December 2018, which changed the rules for granting the benefit of the progressivity for women, mothers, pregnant women or those responsible for children or person with disability. Thus, the study analyzes the law nº 13.769/2018, which created the so-called special progression, in order to verify the efficiency of the rule, mainly considering the profile of woman deprived of liberty. Specifically, the study analyzes the context of women serving their sentences, losing their freedom in Brazil, during the pandemic period caused by the coronavirus in 2020.The main focus of this study is to analyze, in detail, the elements of the law, as the requirements that must be fulfilled cumulatively and compare to the profile of the imprisoned woman, also considering the conditions of the prison system which is inserted and the penal type more common in the condemnations, to conclude about the (in) efficiency of the new legislation.