A SUBSTITUIÇÃO DA PRISÃO PREVENTIVA POR PRISÃO DOMICILIAR DA MULHER GESTANTE: UMA ANÁLISE DOS JULGADOS DO STJ NO PERÍODO ENTRE 2022-2023

The subject of this article will be to discuss art. 318-A, added to the Code of Criminal Procedure as amended by Law 13,769/18, which establishes that preventive detention imposed on pregnant women or women who are mothers or guardians of children or people with disabilities will be replaced by house arrest. Thus, the aim is to analyze the replacement of preventive detention by house arrest. To this end, the problem will be to analyze whether the judging body can replace preventive detention by house arrest whenever the agent preventively arrested is pregnant. The general objective of this article will be to analyze the Rulings of the STJ that judged the requests to replace prison with house arrest of pregnant women, in the period 2022-2023, identifying whether the replacement of preventive detention by house arrest is carried out in all cases provided for in the Code of Criminal Procedure. As for the specific objectives, they focus on verifying whether the mere fact that the agent is pregnant already expresses the granting of house arrest, in the cases provided for in the CPP. Regarding the methodology, basic research will be used, with a bibliographic review, with a descriptive approach, using the deductive and qualitative method, based on theoretical foundations found in digital books, periodicals, theses and jurisprudential examination of STJ and STF judgments.