Por uma história das mulheres: uma análise do impacto da Lei 11.343/06 no encarceramento feminino do estado de Alagoas

Abstract

Based on feminist theoretical studies about gender oppressions, and within an intersectional and historical perspective, through literature review, document analysis - supported by the method of content analysis, according to what Bardin proposes: pre-analysis, exploration of the material / treatment of the results obtained and interpretation - and interviews, this research aimed to observe the incarceration of women in the state of Alagoas. From the understanding of the causes that would have altered the dynamics of the incarceration of women in a substantial way and of causes closer to the present moment and that also produce an impact, through a perspective of analysis committed to a history of the present. The periods 1913 to 1921 and 2005 to 2019 were highlighted, and the impact of Law 11.343/06 was analyzed in this context. The study comprised both the observation of the evolution of the spaces destined to custody women, as well as their relations with crime. It was possible to verify that the forms of control over the female body are always updated, as society develops, both in the informal sphere, in the home or outside it, and in the formal one, through the criminal justice system. If before they were incarcerated for disorder or insanity, today involvement in trafficking takes on the selective role that makes use of oppressions and vulnerabilities such as gender, race, and class to segregate and reaffirm the condition of being on the margins. The result is a mass of young and black women, as well low levels of education, mothers, who go through the police, receive notations on their criminal records and yet another stigma to carry after prison. It was possible to perceive that the Drug Law is a reflection of a tendency to greater punitive rigor after the redemocratization, which was pointed out, in the study, as a proximate cause to the massive incarceration, especially of women. Such cause is reflected not only in the Drug Law, but in a set of laws that greatly impact this incarceration. Moreover, it was also possible to observe that authoritarianism, in the psychological-social and ideological latent modalities, pointed out as a background cause, also impacts this scenario of female incarceration.