STJ rules mothers may qualify for house arrest despite living apart from children

The Superior Tribunal de Justiça (STJ) has ruled that a mother may be eligible for house arrest even if she is currently located in a different state from her children under the age of 12. The decision by the Sixth Panel of the STJ establishes that temporary physical absence from the children's residence does not automatically constitute abandonment or prove that maternal care is unnecessary.

The case originated from a woman arrested in flagrante for drug trafficking in Paraná. During an interstate bus trip, authorities seized approximately 2 kg of marijuana and nearly 1 kg of hashish. While the Court of Justice of Paraná (TJPR) had previously denied her request for house arrest—arguing the children were being cared for by a grandmother in another state—the STJ majority determined that the legal requirements for house arrest under the Code of Criminal Procedure must be evaluated based on the necessity of care rather than immediate proximity.