Responsabilidade civil do estado por conta da superlotação carcerária

• Autor(a) principal: Amorim, Guilherme Maffioletti
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6083
• topic: Responsabilidade civil; Direitos fundamentais; Superlotação; Responsabilidade civil do estado

The present study addresses the issue of "civil liability of the State due to prison overcrowding", whose general objective is to analyze the State's obligation to compensate the prisoner for the damages caused by overcrowding. The method used was the deductive method. As for the level of the research, the exploratory research was used. The procedure in this research was the bibliographical, in view of the doctrinal study about the positions and requirements adopted for state accountability. Thus, the modalities of existing responsibilities that are important for the theme were analyzed in the course of the study. In addition, the list of the fundamental rights and criminal execution that the detainees possessed was presented, as well as the degrading situation of the Brazilian prison system. In the end, the civil responsibility of the State and its theories was approached, then the civil responsibility of the State in the face of overcrowding in prisons. Although there is a small current that defends the characterization of the State's responsibility in the omissive cases, the majority doctrine has recognized the objective responsibility, and specifically regarding the object of the study, recognizes that the State has the responsibility under the prisoners in overcrowding, since they are under their care and it is their duty to maintain a standard in the provision of public service, as well as to provide the minimum necessary for human subsistence.