THE INEFFECTIVENESS OF LEGAL GUARANTEES FOR INCARCERATED MOTHERS IN THE STATE OF TOCANTINS

Abstract

This article analyzed the ineffectiveness of the legal guarantees for incarcerated mothers in Tocantins, in light of the Federal Constitution, the Penal Execution Law, the Code of Criminal Procedure, the Child and Adolescent Statute and the Bangkok Rules. This qualitative, bibliographic and documentary study examined statutes, Federal Supreme Court and Superior Court of Justice decisions, National Council of Justice reports and studies on Tocantins prisons. The results indicate a consolidated normative framework but deficits: in 2020, none of the seven establishments with female places had a mother-and-child unit; official data diverge; and, in the 2025 criminal-procedure task force, detention was maintained or a conviction followed in 81.4% of the 43 reviewed cases of pregnant women and mothers in pretrial detention, mostly for exceptional circumstances. It is argued that the ineffectiveness stems mainly from structural deficiency and a shortage of specific state policies, aggravated by signs of interpretive resistance in applying articles 318 and 318-A of the Code of Criminal Procedure. It is concluded that the gap between rule and practice will narrow only with reliable data (up-to-date, disaggregated and integrated) on the number of women in Tocantins prisons, continuous monitoring and coordinated action between the Executive and the Judiciary.