Kaminski, Valter AugustoKaminski, Davi Augusto Mustefaga2025-03-202024https://repositorio.uricer.edu.br/handle/35974/802This work addresses the state's obligation to compensate pre-trial detainees in cases of injustice, under the framework of the state's strict liability for judicial acts. Divided into three chapters, the study focuses on the state's liability for the actions of its agents, the requirements and subjectivity involved in the issuance of pre-trial detention, and the jurisprudential practice of the Tribunal de Justiça do Rio Grande do Sul, Superior Tribunal de Justiça and Supremo Tribunal Federal, covering the period from July 22, 1997, to October 1, 2024. The objective is to understand whether wrongful detention constitutes moral damages and whether there is a requirement to prove such damage, seeking conclusions regarding the situations in which there is an obligation to compensate through bibliographic, documentary, legislative, and jurisprudential research. The inductive method is employed to find broadly applicable conclusions, based on a comparative and dialectical analysis of legislation, doctrine, and jurisprudence, aiming to understand how the topic is addressed in the doctrines and whether there is consensus with the jurisprudence.pt-BRDireitoResponsabilidade civil do EstadoDano moral e comprovaçãoAnálise doutrinária e legislativaPrática jurisprudencialTrabalho de Conclusão de Curso