O julgamento do Habeas Corpus n. 143.641 a partir de uma perspectiva de direitos reprodutivos

Abstract

Starting from the premise that the reproductive rights are effective through the right to health and including them in the sphere of Health Law, this comment on jurisprudence aims to study, from the perspective of reproductive rights, the Habeas Corpus 143.641, that approaches motherhood and imprisonment. Firstly, the reproductive rights are conceptualized with respect to their insertion in human rights. The second part attempts to understand motherhood and imprisonment, through the analysis of aspects of the Criminal Procedural Code and, mainly, from the jurisprudence of Habeas Corpus 143.641. The method used is deductive from the juridical knowledge of the case. The conclusion is that although reproductive rights are present in Brazilian debates about motherhood and imprisonment, these rights are not fully exercised yet.