GENDER, SEXUALITY AND RACE IN THE ANALYSIS OF THE RIGHT PRISONERS TO CONJUGAL VISITS

Abstract

This article analyzes the deprivation of liberty sentence in Brazil, focusing on its implications for the rights of inmates, especially the right to conjugal visits. Punishment, while intended to deprive freedom of movement, continues to impact other dimensions of the individual's life, including their family relationships and sexuality. Brazilian legislation guarantees the right to visits, but does not explicitly provide for the right to conjugal visits, creating a gap that undermines the integrality of the prisoner's social reintegration. Based on existing norms, such as the Penal Execution Law and resolutions of the National Council for Criminal and Penitentiary Policy, the text discusses the importance of conjugal visits for the emotional and social well-being of inmates. Despite the advances promoted by Resolution No. 04/2011, which includes the LGBT population in conjugal visits, the absence of a clear legal provision continues to generate uncertainties. The article argues that the sexual rights of prisoners should be recognized as fundamental, arguing that deprivation of liberty should not extend to sexuality. The analysis concludes that, in order to ensure the full exercise of the sexual rights of inmates, it is imperative that the State not only recognize, but also facilitate and effectively regulate the right to conjugal visits, guaranteeing dignity and respect for the individuality of those in custody.