The Covid-19 pandemic and the STJ decisions on maternity and preventive detention

Abstract

The article brings the results of quantitative-qualitative research of the jurisprudence of the Superior Court of Justice on granting house arrest to pregnant women, mothers, or guardians of children under 12 years old before and during the Covid-19 pandemic, with CNJ Recommendation 62/2020 as a landmark. Through grounded theory, we identified a continuity in the denials of conversions based on “extremely exceptional situations”, linked to the practice of drug trafficking, even in the face of the serious global health crisis of Covid-19.

Keywords:
Women in prison; House arrest; HC n. 143.641/SP; Recomendação 62/2020; Covid-19 pandemic