A responsabilidade civil do Estado diante de casos de homicídios de presidiários.

Abstract

The Brazilian society finds itself protected the ideals of a democratic state from the precepts established by the Federal Constitution of 1988, and the primacy of human rights. However, there is in daily, clearly, that certain fundamental rights are often violated, in particular the right to life, exactly when viewing the situation of victims of crime in prisons, with respect to the omission of the Public Power. Therefore, the Federal Constitution denotes particular concern with regard to the defense of human dignity, and this is implemented and observed on all grounds and actions of the state. Track is therefore by modern concepts of state liability in order to achieve the defense of life and without brands of prisoners, as it is key function of the Public Power promote the welfare of all. Grounded in dialectic analysis and bibliographic research, shall be the case studies in the Brazilian case, in zeal to identify themselves to Civil Liability of the State in relation to the murder of prisoners, which occurred within the prisons, when required, within the judiciary, to repair the breach of greater value, which is the life.