A responsabilidade civil do estado no sistema prisional: a problemática da ressocialização e tutela do preso.

Abstract

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.