Kaminski, Valter AugustoMello, Ana Luisa da Costa2025-03-202024https://repositorio.uricer.edu.br/handle/35974/805The brazilian prison system is marked by numerous problems, both structural and operational, which prevent prison sentences from fulfilling their social function, resulting in systemic inefficiency in this context. The objective of this monograph is to identify the assumptions of the civil liability of the State in the face of poor prison conditions, evidencing the inapplicability of the Penal Enforcement Law. The study was developed based on the deductive approach method and, in the procedural dimension, was based on bibliographic research, through analysis and description of doctrinal and jurisprudential aspects. The particularities of the institute of civil liability are highlighted, while at the same time an analysis of the Penal Enforcement Law and its provisions is made, mainly the rights and duties of those involved – State and convicted, and the functions of the sentence and its effectiveness. In order to verify the situations that require the State to be held civilly liable when it fails to comply with the legal provisions regarding the enforcement of a custodial sentence, the objective nature of civil liability, especially the theory of administrative risk, stands out. Thus, it is consolidated that it is up to the State to compensate victims or family members for damages that may occur within the custody relationship. The understanding of case law has shown that, despite the objective liability of the State, there are cases in which the causal link precedes the assessment of the merits. The consolidation by the Supreme Federal Court of the “unconstitutional state of affairs” in the prison system (Allegation of Non-Compliance with a Fundamental Precept n. 347), with massive violation of human rights, brought judicial activism to the matter, with the aim of impacting legislative and administrative decisions that make it possible to promote a different scenario in prison conditions, ensuring the application of the Penal Enforcement Law and consonance with constitutional rights and guarantees.pt-BRDireitoLei de Execução PenalSistema prisionalDireitos humanosResponsabilidade civil do EstadoTrabalho de Conclusão de Curso