ARAÚJO, M. N.; http://lattes.cnpq.br/0521362433310186; ARAÚJO, Maely Nogueira de.
Abstract:
The present work aims to demonstrate the civil responsibility of the State before
the collapse of the prison system in Brazil, identifying the type of state
responsibility to the concrete case, be it omissive or commissive. It also refers
to the effectiveness or non-applicability of rights to legal assistance to the
prisoner and his or her removal. It aims to show the reality of those who live in
the custody of the State in prisons and the repeated violations of fundamental
human rights in those establishments. The paper points to the lack of obedience
of the Brazilian State in complying with the provisions of the Criminal
Enforcement Law, as an institute that regulates the ways in which the process
of incarceration in the country should proceed. It describes what the Federal
Supreme Court and the Superior of Justice understand regarding the
compensation for moral damages of those subjected to degrading situations or
their relatives, in case of death. It delimits the problem in the reparation of
damages by the State, right of the one submitted to degrading conditions. It has
as problematization the study of the right of the custodians in prison units in
front of the inertia of the State and, as a general objective, to analyze the state
responsibility for the damages caused. The techniques of research were based
on the bibliographies collected in the Brazilian doctrine, in the study of scientific
articles and specific jurisprudence. In addition, the historical-evolutionary and
deductive approaches are used as methods of procedures, and as a
bibliographical research technique. It is concluded that it is essential for the
State to repair the damage caused to the custodian by subjecting him to the
degrading situation in the prison.
