CHILDREN’S RIGHT TO VISIT THEIR FAMILIES IN PRISON AND DECISION-MAKING MANAGEMENT:

Abstract

The theme of this paper is the right of children to visit family members who are in prison. The research sought to carry out a mapping of the norms that deal with the right of children to visitation, presenting an overview of the organization of this right in Brazilian norms and, more specifically, in the Federal District, focusing on its legal and institutional limits. For that, in the first topic, the organization of administrative, legislative and decision-making powers on visiting rights are described. In the second topic, the text articulates the visit as a right in the norms, recent changes and their foundations, based on data about prisons in Brazil. The third topic presents an empirical discussion about visitation in prison and the regulatory context of the Federal District analyzed. The last section is dedicated to the regulation of social visits in the Federal District. It was identified the existence of conflicts of rights in the decision on visitation, opposing the full protection of the child as a basis contrary to the visit and the right to family life and the re-socialization of the inmate as a favorable basis. The paper starts a dialogue between legislation and theory, particularly Fundamental Rights section. Finally, we present a list of research gaps on the topic that were not yet been explored.