A responsabilidade civil do estado nos crimes praticados por detentos beneficiados pela saída temporária.

Abstract

This work aims to presente a legal approach to civil responsability of the State by the negligence in the obligation to monitor and ensure that detainees benefited by the institute of temporary departure do not commit new crimes when they enjoy this benefit. The government is responsible for public safety, but often can not effectively fight crime. In the case presented, the institute of temporary departure is foreseen in the Penal Execution Law, and convicts who meet all requirements specified shall be entitled to enjoy this benefit. The big problem is the fact that the State did not effectively supervise convicts coming out in enjoyment of that benefit, putting society at risk. In Brazil, the penalty has resocializing character, and is measured using as a basis the time that the person needs to go back to live in society totally resocialized. However, when the person is enjoying the benefit of temporary departure, it is being set free before the full completion of the sentence, in other words, without being totally resocialized and It may be dangerous to society. Therefore, to the State can be attributed the civil responsaility if they can prove its failure providing the lookout and guard of the convict that is coming out as a result of this benefit. In this work, the legal-exegetical methods were used and the historical-comparative analyzing the evolution of the entire responsability of the state, as well as the bibliographic method. Finally, it is proven that in the hypothesis that the Government does not fulfill the duties determined by the Constitution and the Law of Criminal Execution, and cause in any way, damage to particular means that will step in the institute of civil responsability of state, always seeking the restoration of moral or balance sheet before damaging actions caused by criminals benefited by the Temporary Departure.