MATERNITY AND DRUG LAW: AN ANALYSIS UNDER THE APPLICATION OF HOUSEHOLD PRISON AT ESPIRITO SANTO'S STATE

uma análise sob a aplicação da prisão domiciliar no estado do Espírito Santo

Abstract

The present study aims to analyze the current applicability of the thesis established from the collective habeas corpus nº 143.641 judged by the Supreme Federal Court. A more specific approach is proposed with regard to the examination of decisions handed down in the Second Degree of jurisdiction, targeting women precautionary segregated in the State of Espírito Santo for the alleged practice of crimes related to Law No. 11,343 / 06 (Drug Law) who are pregnant or have children of up to 12 uncompleted years old and, as a consequence, would conform to the benefit of house arrest, under the terms of art. 318, items IV and V of the Code of Criminal Procedure. The empirical methodology of qualitative approach was used in decisions of the Court of Justice of the State of Espírito Santo that deal with the matter. The review of the judgments has led to the conclusion that, despite the Supreme Court prefer as a rule the use of house arrest for the audience analyzed, this benefit still finds great resistance by the enforcers of the law, which, based on the will of the interpreter, put the semantic limits of the text in the background.