SILVA, A. D.; SILVA, Argleydson Diego da.
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.
