The third section of the (Superior Court of Justice) concludes on Tuesday (5) the judgment of the request of the Public Defender’s Office of the State of so that one who was in the breastfeeding wing of the Mogi Guaçu Women’s Penitentiary taking care of his son.
The case will enter into jurisprudence on whether the period that the prey passes through the children – in order, for example – can be considered work and thus reduce the penalty.
The defense of women argues that breastfeeding is inserted in the context of the economy of care and that, therefore, should be considered for the purpose of reducing the penalty, in the proportion of 1 day of redemption for every 3 days of care.
The Defender holds that maternal care in prison should be recognized as work for the purpose of reducing penalty, as it is an exhaustive and social and legal value activity.
The lawyers cite Article 126 of the Criminal Execution Law, which deals with the redemption of penalty for working time or study, and argue that maternal care would be a work activity that contributes to the resocialization of the prey.
The rapporteur of the case is Minister Sebastião Reis Júnior, who has already voted for the granting of habeas corpus, recognizing the right of the prey. The trial will be resumed with a vote of Minister Joel Ilan Paciornik, who asked for a view.
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