A estrutura carcerária brasileira e seus reflexos na dignidade da pessoa humana: possibilidade de indenização por dano moral.

Abstract

The present work sought to elucidate the current situation of the Brazilian prison system and to present its main problems, thus pointing to the principle of human dignity, as well as the problem of prison overcrowding, prisoners' rights that are not being applied, and compensation is possible as a result. Starting from an analysis of the rights of the victims who are being curtailed due to this condition, fundamental rights were discussed emphasizing the Principle of the Dignity of the Human Person, until arriving at the third chapter that deals with the civil responsibility of the State, in face of the distressed , when the latter seeks moral and material compensation due to the inhuman conditions that are exposed while in the custody of the State in prisons, analyzing the Extraordinary Appeal of the STF (580252) and the position of the Courts regarding the matter of the said appeal. In this way, the present research was based on the theoretical research method, made through bibliographic material and official data. It could be concluded that the responsibility of the State regarding the maladies presented by the Brazilian prison system is indisputable, and that the same is silent about its duties, giving space to the field of compensation to prisoners in an unworthy situation. It is also concluded that the thesis presented by the majority of the Ministers of the STF, even presenting itself as majority does not resolve the problem at its core, as well as the thesis of remission presented by Minister Barroso, although it is, among the two, the most viable. At the end of the study it was found that the most effective solution to solve the problem presented in the research would be the fulfillment of all the rights and guarantees guaranteed in the Federal Constitution and infraconstitutional legislation as well as the International Human Rights Treaties.