IMPROPER ARRESTS DUE TO JUDICIARY ERROR

Abstract

Analysis of state responsibility in cases of judicial failure resulting in unjust detention, addressing recognized and emblematic events in which unjustified incarceration occurred, detailing the State's obligation to compensate the unduly detained individual, correlating the rights violated during unjust detention and the value to be paid as compensation, based on a specific case. The approach will be deductive, presenting and exemplifying facts related to the topic, with scientific support from bibliographical research. We conclude, through this research, that the State has the duty to compensate and support the illegally detained person, covering all their violated rights, from deprivation of liberty to damages resulting from unjust imprisonment.