THE CIVIL LIABILITY OF THE STATE FOR ACTS PERFORMED BY PRISONERS BENEFITING FROM TEMPORARY RELEASE

Abstract

This paper aims to present an analysis of the civil liability of the State in relation to its failure to comply with its obligation to monitor and ensure that inmates who benefit from the temporary release institute do not commit new crimes while enjoying such benefit. The State is responsible for the safety of society, but it often fails to combat crime. The possibility of temporary release is contemplated in the Penal Enforcement Law, granting the benefit to inmates who meet all the stipulated requirements. The greatest adversity in this regard is the fact that the State does not effectively monitor inmates who are released while enjoying this benefit, putting society at risk. In Brazil, the penalty is intended to reintegrate the individual into society, and is appropriately dosed for the offender based on the time that he or she would need to return to society fully reintegrated. However, it is clear that when an individual is enjoying the benefit of temporary release, he or she is automatically released before serving his or her sentence, that is, without being fully readapted, and may therefore pose a risk to society. In this context, the government may be held civilly liable when it is proven that it failed to promote public safety as a guarantee of fundamental rights included in the Federal Constitution and also in the face of crimes committed by prisoners under its care.