THE RIGHT TO BREASTFEED IN THE FEMALE PRISON SYSTEM: LEGAL GUARANTEES AND CHALLENGES TO IMPLEMENTATION

Abstract

This article analyzes the right to breastfeeding of women deprived of liberty, understanding it as an expression of fundamental rights to human dignity, health, and the full protection of the child, in accordance with the constitutional paradigm of priority protection of childhood. The study is grounded in the Brazilian legal framework, particularly the Federal Constitution of 1988, the Penal Execution Law, the Child and Adolescent Statute, as well as international human rights instruments, especially the Bangkok Rules. A qualitative methodology is adopted, with a juridical-dogmatic approach, based on specialized bibliographic review and systematic analysis of relevant legislation. The findings indicate that the Brazilian legal system clearly guarantees the right to breastfeeding in the prison context, including the possibility for the newborn to remain with the mother during the early stages of life, as a measure to protect child development and the maternal bond. Despite the normative robustness, significant obstacles to its implementation are identified, such as structural deficiencies in prison facilities, insufficient public policies addressing motherhood in prison, and limitations in the training of correctional staff. These factors undermine the effectiveness of legal provisions and negatively affect child development. The study concludes that coordinated state action is necessary, through intersectoral policies, to ensure the full realization of this right within the prison system.