A responsabilidade civil do Estado nas relações de custódia do sistema carcerário brasileiro

Abstract

Through the present monographic work sought to analyze the State Civil Liability in the custody relations of the Brasilian Prision System. First of all, sought to understand the concept of the State Civil Liability, as well as your historical context, through an analyse of the theories that has passed through the nacional legal order, with a brief mention to its adoption in the other countries. Moreover, it was made a detailed analysis of the provisions of article 37, §6º of the Federal Constitution, which treats about the State Civil Liability. After, sought to list and minutely discourse about the possibilities of exclude the State Responsability. At the end, the State Civil Liability was analyzed upon the omission of its agentes, including in cases of losses caused by fugitive criminal, of murder inside the Prision System, as well as in the hypothesis of prisioner suicide. Therefore, it was possible to conclude that the configuration of State Civil Liability in the custody relations into the Brazilian Prision System depends on the configuration of causality nexus between the public agente conduct and the harmful event. In addition, the approach method used was the inductive, through bibliographic and documentary researches, as well as through jurisprudential analysis about the topics covered.