A submissão do preso à situação degradante e a indenização por dano moral em face do Estado.

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.