A responsabilidade civil do Estado pela integridade física do apenado: um estudo à luz de decisões judiciais
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Date
2021-12-06
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Universidade Católica do Salvador
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.
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Keywords
Pena, Garantia constitucional, Reponsabilidade Civil do Estado, Princípios, Constituição, Penalty, Constitutional guarantees, State civil liability, Principles, Constiution