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WOMAN IN JAIL: the conversion of preventive detention into home detention according to the Law No. 12.403 of 2011 at Female Public Jail of Franca - SP

Grant number: 12/00927-4
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): July 01, 2012
Effective date (End): December 31, 2012
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Marisa Helena D'Arbo Alves de Freitas
Grantee:Bruna de Freitas Do Amaral
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This research intends to analyze the institute of conversion of preventive detention into home detention, according to the determinations of the Law No. 12.403 of 2011, applying this theoric knowlegde in a field research at Female Public Jail of Franca - São Paulo. The Law No. 12.403 of 2011 allows the substitution of preventive prison into house arrest in cases of risk at essentials juridical principles to a person, especially health. This Law presents humanitarian character, with the aim of avoiding that preventive detention affects the health of the prisoner, especially because of the wretched prisional structure, unable to treat the prisoner properly, making possible the conversion of the preventive detention into the house arrest when the detained person is highly ill; pregnant prisoner over seven months or in case of high-risk pregnancy and, lastly, in cases of prisoner over eighty years old. In addition to safeguarding the health of the provisional prisoner, the Law No. 12.403 of 2011 ensured the conversion of home detention in cases that the imprisoned person is essential to the care of children until six years old or of disabled person. Seeking to understand these new legal requirements relating to the possibility to converse preventive detention into house arrest, this project aims to carry out field research in the Female Public Jail of Franca - SP, checking the impact of the innovations of the Law No. 12.403 of 2011 in the detention place. Aware that the object of the field research is a female prison, this work intends to analyze the hypotheses that the conversion to house arrest is directly related to woman condition, given the structural limitations of the women's prison, especially when it is concerning to their health protection.

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