Responsabilidade civil do estado por prisão ilegal.

Abstract

That scientific work has as central object the civil responsibility of the State in face of illegal prison tends in view the great repercussion and importance of the theme for the juridical world. That research deepens the study about the civil responsibility of the State focusing the compensation of the suffered damage for the matter, due to harmful conduct practiced by the state being, specifically on the part of one of your powers, which is, the Judiciary Power, in the diacritical and maintenance of illegal prison that he/she feels through the prisons catenaries uttered without observance of the minimum requirements erected by Law. In the first chapter elencamos the theories of the civil responsibility of the state and we disposed the about of the evolution of the civil responsibility of the State in the Brazilian right. Deserving prominence in face of the current Democratic regime of Right that imposes to the State the compulsory nature of also to submit to the juridical ordainment, that excels for the obedience to the right of equality and the beginning of the legality. Soon after, in the second chapter it is delineated, the profile of the feather in the Brazilian juridical ordainment, detaching the constitutional protection to the right of freedom, as well as the forms of prisons admitted in the right patriot and the demands for your diacritical. At the end, the third chapter is constituted in the study of the compensation of the suffered damage by the matter, due to harmful conduct practiced by the state being, trying basically to be proven to the State competes to arch with the obligation indenizatorio in face of the improper restriction to the locomotion freedom. The analysis took place through bibliographical research and jurisprudencial.