Work in Prisons: The Gender Difference that Intensifies with the Incarceration and Indicates the Lack of Human Dignity

This study deals with gender inequality in the labour market, a situation that becomes worse when we talk about incarcerated women, showing the lack of human dignity in the prision system. Women’s participation in the labour market has increased over the years, but the gender difference is noticeable when we analyze the positions held and the pay gap. In the penitentiary system, situation is reversed, the number of incarcerated women who work is higher compared to men, and however the conditions referring to human dignity when we speak about gender are unconstitutional. The scope of this article is to lead to academic debate the issue of dignity of incarcerated women in labour market, since the prision system aggravates and indicates the gender difference. To archive the research purpose, the methodology used will be bibliographic and documentary, bringing the concept of work,the discussion about acquisition of the right to work for women and the analysis of data from the profile of incarcerated women, access to work and education in the prison environment. With a population of 37.828 women in spaces designed for men it is necessary think about work, as fundamental at re-socializing and at human dignity.

difference. In addition, it seeks to highlight violation of the right to work and, therefore, resocialization.
This research is structured in two parts. The first part search conceptualize work, dignity and resocialization, as they are interlinked concepts that corroborate with the importance of work institute when we talk about former convicts of the prision system. The second part brings the contextualization of female prison environment, highlights the lack of human dignity that reproduces the vicious cycle of the women´s return to the prision..
For this purpose, will be analyzed data concerning resocialization in the country, profile of incarcerated women, well as the international and national legislation does it have on right to work for people deprived of liberty. Thus, the methodology will be focus in an interdisciplinary approach, based on the hypotheticaldeductive method, using the bibliographical and documental technique and statistical data.
The work, as well as settle written as a right has evolved over time, guaranteeing women protection and equality in the labour market. However, when we analyze the reality, the wage gap highlights that gender bias exists today. In prision system, those women suffer with segregation or many times never even get a job, have their woman´s condition worsened by prison. Is necessary the discussion of prison work for women, since theres is a vicious cycle of lack of resocialization, human dignity that has a consequence the return to the prison.

1.Work, human dignity and resocialization
Work, according to the Michaelis dictionary mean set of productive or intellectual activities exercised by man to generate utility and achieve a specific purpose. The concept and the meaning of work has evolved and as reported by Prates, has assumed the status of fundamental right after the industrial revolution, major milestone of right of second dimension, what resulted in the struggle of the proletariat for social rights ((2017, p.1016).
The Constitution of the Federative Republic of Brazil (1988) in its article 1ª,IV classifies work as fundamental constitutional principle in a democratic state. In the articles 5º,XIII and 6º work is a social right for everyone and the constitution of 1988 brings as an innovation the consolidation of the right to work in this article 7º.
Within the framework of persons deprived of liberty, the work as law is in Nelson Mandela Rules (United Nations [UN], 1955). In this articles 71 to 76, states that work cannot be painful, has the function of maintaining or increasing the abilities of the prisoners to make an honesty living after their freedom, besides work being remunerated and similar to normal condition of free works.
It is in Lei de Execuções Penais (law. nº 7.210,1984) that work is regulated as a condition of human dignity, with educative and productive purpose, being both a duty (article 38,V) and a right for prisoner( article 41,II).
Since the right to work is constituted as fundamental principle and social value, must be observed by all, including by the government. According to Prates (2017Prates ( ,p. 1015) is one of the most relevant social right in a view of having the objective, in addition to the promotion of human dignity, physical survival and achievement linked to the right to life, because without work there is no possibility of a life.
Therefore, the work is intrinsically linked to human dignity and enable the comprehension of man as social individual, belonging and transforming the reality that's surrounds. It's through the work that is possible a dignified life and exercise of citizenship, achieving the objectives of survival and personal fulfillment.
According to Greco (2015, p.65) dignity is a quality that integrates the human conditional itself, being, as a rule, indispensable and inalienable, inherent in the human being itself and therefore is a value that cannot be suppressed because of its own nature. To corroborate Sarlet (2012) defines the dignity of the human person as : "The intrinsic and distinctive quality of every human being that makes him worthy of the same respect and consideration on the part of the State and the community. Implying, in this sense, a complex of fundamental rights and duties that ensure the person to ensure that the person is both against all degrading and inhuman acts, how they will guarantee you the minimum existential conditions for a healthy life. Besides promoting and promoting their active and coresponsible participation in the destinies of their own existence and life in communion with other human beings (p.40)" In this sense, Greco asserts that even the most vile, the most obnoxious man, the coldest and cruelest criminal carries this value (2015,p. 65). Therefore, when committing a crime, the person does not lose any of the rights inherent in the quality of a human being, except for his freedom. The person arrested holds human dignity as well as people who have not committed crimes.
The Decree-law nº 2.848 of December 1940 that instituted the Código Penal Brasileiro, in the article 59 adopts the theory mixed or unifying the penalty, presenting both the retributive character, functioning as a retribution to the condemned for the execution of an offence, as well as preventive nature, a way of preventing the realization of new conflicts. It is in the preventive character that resocialization is inserted, as a way of reintegration of the prisoner into society, made through work and education. Baratta (1990) proposes the replacement of the term "resocialization" for "reintegration", since the focus would not be the criminal as an object, would be the process of opening up prison for society and opening society to prison. According to Alvino Augusto de Sá (2013,p. 120) the reintegration of the prisoner will only be since the prison, system aggravates and highlights gender differences. In addition, evidenced the violation of the right to work and consequent resocialization.
The structure of the work allowed the presentation of the concepts of work as a fundamental right, human dignity and resocialization, in addition to the situation of women in the context of deprivation of liberty, which corroborate the thesis that the prison system aggravates gender differences. Moreover, the situation of imprisoned women who have no incentive to work and professionalization shows a great cycle of vulnerability of these women.
The work is segregating, and in the prison system where resocialization is minimal, non-existent, imprisoned women live in a vicious cycle of lack of human dignity, segregation. They don´t have opportunities for a return to the labour market, even the insertion, when we talk about those who are mostly householders, unemployed and resort to crime , without State protection whether deprived of liberty or not.
Prison is a mere crime industry that continues to reproduce its social structures even after serving a sentence. For women who pass through gender segregation inside and outside prisons, from vulnerable groups, resocialization is minimal and the opportunity and for work outside prisons does not exist. They arrive unprepared and do not undergo efficient work incentives that empower them for the job market.
It is necessary to pay attention to gender specificities for the promotion of public policies, especially with regard to professional training, inside and outside prisons, so that these women can have a dignified return to society. For the effectiveness of resocialization whose main pillar is the work, is fundamental, according to Baratta (1990) the commitment of society to make prison less and less prison. It is only with the opening of the prison to society and society to the prison that reintegration is effective.