Who are the pregnant women, parturients and mothers left out of house arrest orders according to the Brazilian Supreme Court’s collective rulings?

Abstract

This article aims to map the arguments presented by the justice system to deny substitutive house arrest for pregnant women, women in labor, and mothers. The methodology involved searching for the Supreme Court´s collective rulings using “HC 143.641” as a research criterion. Relevant classificatory criteria were then defined to group the data restored, identifying similarities and/or divergences. Categories included legal representative; the judging body; dissenting votes on the merits; the trial date; the content of the decision; the crime charged; and the arguments relating to whether the situation is considered extremely exceptional. The results of this study confirm that the judicial criteria used to prevent the right to substitution are flexible.