Stanley Martins Frasão*

Recently the minister for justice, Tarso Genro, announced that the federal government foresees 5,500 new prison places in Women’s Detention Centers, allocated for the states of Espírito Santo, São Paulo, Rio de Janeiro, Pernambuco and Pará. The information from the Integrated Penitentiary Information System, of the Justice Ministry, based on June 2007, is that the number of incarcerated women in Brazil went from 10,285 in 2002 to 25,909. Of the total inmates, estimated at 420 thousand, the percentage of women increased from 3 to 6% in the same period.

The teacher Edna Roriz has warned us that the crime rate amongst women is not well developed by the Brazilian Penitentiary System.

One of the gravest problems to women inmates during their time in prison is related to the education, health and well-being of their children.

In 2004 and 2005 a research work on 77 inmates was carried out in Belo Horizonte, MG. It was discovered that after serving time in prison, the people responsible for the care of the children were, in 61% of the cases, the grandparents, in 24% other relatives, neighbors and acquaintances. In 15% of the cases the children were cared by their father.

No matter how dedicated these "substitutes" were, it is known that no one took the maternal role with the same zeal and dedication, establishing as strong and well structured a bond. The absence of the mother figure is for many, traumatic, and it is compounded by the lack of opportunity and the perspective that many will follow the mother’s footsteps.

Lights come from Brasília, for a Commission of Public Safety and Organized Crime Fighting passed on August 20, 2008, the Bill number 3669/2008, which alters the article 89 of the Law number 7210/84 – Penal Law – and the articles 33 and 45 of the Law number 8069/90 – Children and Adolescent Statute.

If passed, the Bill will make the creation of crèches in the prisons mandatory. It will also clear that the family power of the inmates will be preserved and the necessity of their consent will have to be given in the case of adoption. And the Women’s Prisons will have facilities for pregnant inmates.

Exceptionally the custody of the children will be granted in peculiar situations or in order to fulfill the lack of parents of people responsible, as in the case of arrest, and rights of representation for the practice of certain acts.

The adoption will depend on the consent of the parents or the legal representatives of the adoptee.

The Bill will be discussed by Congress after the analysis of the Commission of Family and Social Safety, and the Commission of Constitution and Justice and Citizenship.

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* Stanley Martins Frasãois attorney at "Homero Costa Advogados"