Andreolla, Andrey HenriqueAguiar, Gislaine de2024-03-072024-03-072022https://repositorio.uricer.edu.br/handle/35974/603Women, for a long time, had a secondary role in society. However, with the claim of their rights, they began to participate in this in a more active way. Thus, female crime ended up following this evolution, increasing considerably, and this phenomenon was mainly caused by the rise of drug trafficking crime. The increase in the female prison population in Brazil ended up further fostering social inequalities in the country. However, this situation is even worse when women have children or are pregnant, because in addition to violating their own fundamental rights, in view of how it is practiced in prison, the prerogatives of minors who are incarcerated along with their mothers or are abruptly separated from them. Thus, children subjected to prison end up being deprived of their freedom and of minimum conditions of hygiene and food. Concerned with this scenario, several legal diplomas dealt with the subject, bringing to light the precariousness of women's prisons. Corroborating these statements, data were collected on women imprisoned in the country. Thus, in order to alleviate the situation of mothers in preventive custody, a normative analysis of the legal system in defense of prisoners and their children was used as a subsidy. Finally, we present the decision handed down by the Federal Supreme Court, Habeas Corpus nº 143.641/SP, which determined, with a few exceptions, the replacement of preventive detention by house arrest for all imprisoned, pregnant, postpartum women or mothers of children up to twelve. years of age or with disabled children. Therefore, through the hypothetical-deductive method, bibliographic and documentary research was used, with the investigation and analysis of legislation, doctrine and jurisprudence related to the treatment of women in prison and the rights of children, as well as an analysis empirical analysis of a quantitative approach to the decisions of the Court of Justice of Rio Grande do Sul, which dealt with requests for house arrest for pregnant prisoners and mothers of children. Aiming to contrast with the reality of women prisoners in Brazil, to then analyze the reflexes of the aforementioned constitutional remedy in the Court of Justice of Rio Grande do Sul. Thus, it is concluded that despite the possibility of replacing preventive detention with house arrest, most requests were denied, demonstrating the ineffectiveness of Habeas Corpus nº 143.641/SP in the gaucho penal system.pt-BRDireitoPrisão domiciliarHabeas CorpusMaternidadeTrabalho de Conclusão de Curso