A responsabilidade civil do Estado pela integridade física do apenado: um estudo à luz de decisões judiciais

Abstract

This article aims to bring the relationship between the prisoner and the State, showing where they begin and how far their legal and constitutional rights, which must be protected, as well as the State's responsibility towards the physical integrity of the inmate. It is a study that brings a mixture between Criminal Law, Civil Law, and especially the Brazilian Constitutional Law, based on some judicial decisions about specific events involving the prisoner, his physical integrity and the State. And in addi tion to an analysis being carried out on the institute of punishment, it is essential to talk about the conditions existing in the Brazilian prison system, as the state in which the prisoners are found is regrettable, without their being ensured, in practice, by the min imum rights that are, in theory, described in the law. Penal execution, which has a resocializing character and objective, has proved to be completely flawed, since it does not fulfill what it must to reach the goal. It is then, more than notorious, that for there to be real changes in relation to the behavior of prisoners, their human condition within the prison establishment must be respected. Therefore, they are brought here, as the guarantees and rights of people who have committed illegalities must be safeguarded during the execution of their sentence in the eyes of the constitution and the LEP, Criminal Execution Law, No. 7,210 of July 11, 1984, and how would the State be civilly responsible for the atrocities and violations suffered by the prisoners, while under the tutelage of the State entity.