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Decision of the Brazilian Federal Supreme Court that protects children up to 12 years of age with mothers in pretrial detention is the subject of book and conference

Justice Ricardo Lewandowski affirmed that the collective Habeas Corpus, granted for the first time by the Brazilian Federal Supreme Court (STF) to benefit pregnant women and mothers of children up to 12 years of age in pre-trial detention, was a historic moment in which civil society and judiciary formed an alliance to ensure the protection guaranteed to children by the Federal Constitution. The statement was made on Tuesday (9), during a conference in the launching of the book "For Freedom - the story of the collective Habeas Corpus for mothers and children," initiative of the Alana Institute and the Collective of Human Rights Advocacy (CADhu), with the purpose of telling the story of the first collective habeas granted by the Supreme Court. "Much more than protecting mothers, we are protecting the incarcerated Brazilians", said Lewandowski.

Rapporteur of the case (HC 143641), the Justice highlighted the work of the Alana Institute and the CADhu, since the impetration, in order to contribute to the examination of the case by the STF. In this sense, there was the inclusion of the Public Defender's Office as an author and the identification of the population that could be affected by the decision. He explained that since a habeas needs to have a beneficiary, the National Penitentiary Department (Depen) was asked to forward a list identifying all women incarcerated pregnant or with children up to 12 years old.

Lewandowski pointed out that although collective habeas corpus was designed for a special situation for women prisoners, especially the black and low-income women who are most part of this group, it has become a multipurpose instrument that can be used in any situation in which that there is a massive injury against the right to come and go.


Held by the Absolute Priority Program of the Alana Institute and the Collective of Human Rights Advocacy, the book is available on the Absolute Priority website for free download. In addition to data and research, the publication brings articles produced by experts from various organizations that participated and contributed to the judgment of the Supreme Court. The book exposes the precarious situations to which women and their children are subjected within the Brazilian prison system; brings accounts of a woman contemplated by the decision; thematic texts of each institution that acted in the case; and the judgment of the collective habeas corpus, with the votes of the Justices of the STF, granted in February of last year by the Second Panel.


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