A violação de direitos humanos das pessoas privadas de liberdade e o dever de reparação do Estado

Abstract

The herein article has as main goal to provide with a deep and critical analysis regarding whether the civil liability of the State exists within the scope of harm inside the Brazilian prison system. To do so, an analysis concerning the right to life and to physical integrity of people deprived of liberty will be done, such rights being constitutionally provided and, thus, requiring their assurance by the State and, subsequently, it will be demonstrated the ineffectiveness and fragility of the Brazilian prison system, which influences in a very direct form the increasing number of internal violence of penitentiaries and breaches a series of fundamental rights of people deprived of liberty.