THE APPLICATION OF HOUSE ARREST FOR MOTHERS OF CHILDREN UNDER 12 YEARS OF AGE WITHIN THE CRIMINAL JUSTICE SYSTEM IN PALMAS, TOCANTINS

Abstract

This study examines the application of house arrest to mothers of children under the age of 12 within the criminal justice system in Palmas, Tocantins, in light of the comprehensive protection of children and the right to family coexistence. The research is based on the growth of female incarceration in Brazil, especially as a result of drug trafficking-related offenses, and on the impacts of this reality on family bonds and child development. The study aims to examine the extent to which the replacement of pretrial detention with house arrest, provided for in Articles 318 and 318-A of the Brazilian Code of Criminal Procedure, has been effectively applied in the judicial district of Palmas, also considering the parameters established by Collective Habeas Corpus No. 143.641/SP and Resolution No. 369/2021 of the National Council of Justice. Through an empirical and qualitative approach based on a sample of decisions issued by the Court of Justice of Tocantins, the study identifies barriers that limit the granting of this benefit, such as the requirement of proof of maternal indispensability and the expanded use of the exceptionality clause. The data suggest that, despite the normative framework, the application of this right still faces interpretative resistance that distances the legal rule from the reality of incarcerated mothers.