WOMEN AND PRISON: A FERTILE FIELD FOR RESTORATIVE JUSTICE IN THE PROTECTION OF WOMEN'S PERSONALITY RIGHTS

Abstract

Female incarceration in Brazil constitutes a critical dimension of the contemporary prison crisis, marked by the reproduction of gender asymmetries and the systematic violation of the personality rights of women deprived of liberty. This study analyzes the applicability of Restorative Justice in women's prisons as a consensual conflict-resolution approach capable of promoting human dignity, psychological integrity, maternal identity, and social reintegration. It adopts a qualitative approach guided by the hypothetical-deductive method, combining a literature review in Critical Criminology with documentary analysis of national legislation, international instruments, precedents of the Brazilian Federal Supreme Court, resolutions of the National Council of Justice, and official 2024 SISDEPEN data. The results indicate that a substantial proportion of incarcerated women are serving sentences for drug-trafficking offenses in contexts of marked socioeconomic vulnerability and feminization of poverty. The traditional retributive model is insufficient to address the relational and social dimensions of incarceration. The article examines the Belgian experience with institutionalized penal mediation and discusses Peacemaking Circles as possible instruments for confronting institutional androcentrism. It concludes that restorative practices, when accompanied by ethical safeguards against power imbalances, may contribute to protecting personality rights and rebuilding social bonds.