Birth in jail

a reflection in the light of the principle of the best interest of children and adolescents

Abstract

The Federal Constitution, in its article 5, item L, provides that inmates will be guaranteed conditions so that they will remain with their children during the breastfeeding period, this study is about the consequences of the birth of these children. provided for in law 8069/90, verifying whether the treatment given by the State to the child born in prison is in line with such principle. The methodology adopted for this work is qualitative and the method of approach is deductive, starting from the premise that the prison system is today considered a space where fundamental rights such as human dignity are not respected, contrary to what it preserves. the principle of the best interests of the child. Through the studies carried out, it is concluded that the permanence of the child with the mother is a Constitutional right which must be preserved; however, the State's treatment of mothers and those born in prison is totally silent, does not meet their essential health and well-being needs and is not in line with the principle of the best interests of the child.