THE CIVIL RESPONSIBILITY OF THE STATE IN RELATION TO DAMAGES CAUSED TO PRISONERS IN THE BRAZILIAN PENITENTIARY SYSTEM

Abstract

The present article has as its subject the civil responsibility of the State in relation to prisoners, the main objective of this article is to analyze the civil responsibility of the State in relation to the prisoners of the Brazilian prison system. It also aims to demonstrate the situation of the Brazilian prisons, to investigate the consequences of the state omission, to examine the divergences in the jurisprudence related to civil responsibility of the State in the custodians. In order to achieve these objectives, the concept, the assumptions, the types of civil liability, especially civil liability of the State, will be studied; the Brazilian prison system, its situation and its nonobservance in the administrative scope, evidencing the constitutional guarantees that are given to detainees and emphasizing the main problems faced by this prison population; and doctrinal and jurisprudential understandings on the subject.