Jurisprudential analysis of the State's civil responsability for damage caused to prisioners keeped in more strict prison

Abstract

The aim is to analyze the civil liability of the State for the damages caused to a sentenced person who is serving a sentence in a more rigorous prison system than he is entitled to, paying attention to presenting the main doctrinal and jurisprudential discussions on the subject. For that, it uses the deductive method, operated by the technique of bibliographic research in legal and documentary works, this through jurisprudential analysis. At the end of the research, it is clear that the Brazilian legal system considers it appropriate to bring an indemnity action against the illegal situation to which the convict is subjected, and for the configuration of the State's civil liability, it is necessary to prove his conduct. omissive or commissive, as well as the damage and the causal link between both. In addition, when dealing with exclusively omissive state conduct, for the followers of the theory of subjective responsibility, it is essential to provide proof of state guilt. Futhermore, it appears that, despite being a recent issue in which there is no discussion on a large scale, albeit timidly, Brazilian courts have gradually recognized both the material and moral damages to the convicted person subjected to this situation.