Gestión penal de la pobreza y reproduccíon social: un análisis del código de ejecución penal en atención a las mujeres privadas de su libertad en el Perú

Abstract

The general objective that led this research was to understand how the Peruvian State proposes, in official documents of the penal execution code, to offer assistance to women in prison. In order to think about the growth of the female prison population, the theory of social reproduction and the concepts of social fractures of José Carlos Mariátegui were used. The research strategy adopted was the analysis of the content of the study of the Penal Enforcement Code, updated with Supreme Decree No. 003-2021-JUS, which resulted in the following categories of analysis: criminalization of poverty, social fractures, feminization of the poverty, social reproduction theory. The main results obtained show that the trials are by extra-legal elements focused on the alleged criminals; that the determination of the criminal profile is connected to the social construction based on class, race and gender; that the document analyzed remains in the duty of being, as it is not fulfilled in the reality of the prison population; that the writing of the document under analysis has a discourse of an absolutely masculine generalization, the feminine is mentioned only to refer to motherhood; that from the State the responsibility of the care of the children is naturalized as exclusive to women; that the main object of rehabilitation of the prisoner through work is totally contradictory because before being arrested they were already working. It is concluded that the female prison population is unprotected and invisible in a male generalization, the structuring discourse of institutions itself that reproduces social reproduction, the analyzed document is absolutely precarious in the face of a totally complex reality and does not manage to meet the demands and needs of the prison population.