Reparação por dano moral em face das pessoas presas: da tese de repercussão geral do STF
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Date
2019-01-24
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Universidade Catolica de Salvador
Abstract
The indemnification for moral damages is formed by a series of foundations of both Civil and Administrative Law, because, when third party damage is generated, tied to this damage comes the obligation to repair it, that is, it generates consequently the responsibility civil, and can also be defined as an act of responding to conduct, or assuming consequences. Article 5 XLIX CF / 1988 provides that "prisoners shall be accorded respect for their physical and moral integrity". Article 186 of the Civil Code of 2002 states that "anyone who, by voluntary act or omission, negligence or recklessness, violates the law and causes harm to others, even if exclusively moral, commits an unlawful act". following in the same line Art. 927 states that: "whoever, by an unlawful act causing harm to another, is obliged to repair it". It was in this context that the Superior Federal Court, in ruling on Extraordinary Appeal (RE) 580252, declared that it was the responsibility of the State to indemnify prisoners who suffered moral damages, however, the class eventually constitutionalised the problem and thus creating a new repercussion thesis General, which shall be followed by the Judges and Courts.
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Keywords
Dano moral, Sistema carcerário, Execução penal, Responsabilidade objetiva, Reparação, Moral damage, Prison system, Penal execution, Objective responsibility, Repair