Hierarquia informal, moralidade sutil e estereótipo de gênero: análise documental da prisão cautelar de mães e pais em Manaus-AM

Abstract

The State has the duty to fully protect children and adolescents, who enjoy absolute priority, as well as having the power-duty to deprive the freedom of those who fall into legal hypotheses. In this step, the research investigated the relationship between parenting, gender and the doctrine of full protection of children and adolescents in situations of deprivation of liberty of mothers and fathers in the Comarca Manaus. To this end, a qualitative and quantitative research was carried out on the discursive-evaluative elements of parenting and gender in the 150 interrogations and social files, regarding the fulfillment of the formal requirements of constitution, and in the 150 judicial decisions, when they analyzed the deprivation of liberty, in a precautionary manner, of mothers and fathers of children/adolescents. The methodological design was documentary research and the technique was content analysis. As a result, the research verified that the interrogation/social record is the stage of an informal hierarchy, attributed by the police authority itself, culminating in the lack of importance for certain acts of registration, which, consequently, entails invisibility for the lives of the registered people. In the judicial decision, there was an appreciation of parenting elements in less than 10% of the indications of affiliation. In these analyses, the notion of parenting emanated, linked to the effective exercise of child care. But mostly it was articulated to the lack of demonstration of the indispensability of childcare, to deny replacement. In these cases, there was no determination or consideration of another protection for the child of the apprehended person, even through the systematic interpretation of the legal system, in order to encompass the state duty and the Statute of the Child and Adolescent (ECA), being then made invisible faced with the need to arrest the mother and/or father. In conclusion, it was noted that parenting was articulated with the notions of care, permeated by the gender issues of those who exercise it, especially a motherhood laden with stereotypes and subtle moralities, which defined a true moral judgment. This morality made the exercise of parenthood, on the part of the woman, a prison, which was territorially delimited by where the child could transit and should be. Different from the analysis carried out when the male gender was involved, an opportunity in which there were no articulations of gender with the expected care. However, there was no perception of the absolute priority of the integral protection of the child/adolescent through the replacement of preventive detention of mothers and fathers, when opposed to the value of public order.