ALMEIDA, J. P.; http://lattes.cnpq.br/0284503845619944; ALMEIDA, José Pires de.
Resumo:
With the main purpose to demonstrate accountability to state the ills that plague the Brazilian
prison system , the present work clearly and transparently establish the key concepts that
surround the institution of a civil liability perspective directed to the principles which is
regulatory base of Democratic State of Law. Thus, the citizens that serve prison sentence
involving deprivation of liberty in the Brazilian prison system won't be taken away from that
approach. It will be as unique phyto the highlight of the State as holder of the power to curtail
freedom of movement through their imprisonment imposed on conviction should provide
conditions that respect human rights and that exteriorizem in a dignified and respectful
manner as it is outlined in the Constitution. The first approach takes the focus on the main
aspects of general liability, emphasizing the historical aspect as well as the main differences
between objective and subjective responsibility in characterizing the repair function.
Regarding liability of the state's attention was heightened especially when the subject of the
guardianship of the prison system and the current prison situation with emphatic analysis of
strict liability in the state seat of case law decisions Brazilian Courts on the subject,
constitutional norms and criminal normative systems. Finally, it was essential the explanation
of provisions of the Penal Execution Law concerning incarcerated doing an integration with
the task of rehabilitation in the prison system, the duty of the State as holder of the overall
responsibility of this office and tutor in the task of reinserting the offender so effective and
can facilitate the social environment, this task only achieved with the improvement of
structural conditions existing prisons in Brazil.