The privatization of women’s prisons according to the 1988 Federal Constitution of Brazil

Abstract

This article discusses the privatization of Brazilian women’s prisons in light of the 1988 Federal Constitution, with the aim of analyzing the fundamental rights of women deprived of their liberty and how the current prison system violates these guarantees. Thus, based on the analysis of constitutional principles and guarantees provided for by law, the work explores the reality of incarcerated women in Brazil, aiming to identify the profile and their specific needs related to gender, with the aim of elucidating how incarceration, especially in privatized prisons, can generate negative impacts. The methodology used is narrative analysis (literature review and statistical data), relating it to Constitutional and Criminal Law. Therefore, the work allows a dialogue about the reality of women deprived of liberty and the violations of rights that occur in the current Brazilian penitentiary model, highlighting that the current situation tends to be worsened by the privatization of prisons, by financializing incarcerated women, without worrying up with its specificities.