A responsabilidade civil do estado em decorrência de infrações penais praticadas por foragidos do sistema prisional.

Abstract

This work has as main purpose to present a legal approach to liability for negligence in the State obligation to oversee and ensure that the prisoner remains incarcerated. Faced with the increasing lack of security at state prisons and a shortage in the conditions the prisoners are subjected, in consequence, the whole population and detainees become victims of a prison system unstructured. Policies to improve the system outlined by the State failed to meet the goal of providing an improvement in prison their sentences. The government, responsible for protecting citizens, can not effectively combat crime, which is presented every day and more pronounced, which increasingly occur involving crimes fugitives, demonstrating that with the failure to provide the security service in prisons guaranteed by the Constitution. Given this, the State shall be found to liability when it is proven that the omission in providing guard and watchman of the prison. In this research, the methods used are legal and exegetical, historical-comparative method and the literature. The work is structured into three chapters. The first chapter will focus on general aspects of liability of the state. In the second chapter will be ventilated the structure of the prison system. And in the last chapter, that it will focus on the central theme of this work, which will be defended the civil liability of state entity in the failure to guarantee that the prisoner serve his sentence and subsequent compensation for the crime committed by the fugitive.