Responsabilidade civil do Estado por omissão no sistema prisional

Abstract

This monograph deals with the theme of civil liability by omission within the Brazilian Prison System. The theme of State liability for failure acts is multidisciplinary, assuming necessary the interaction of various law branches, which are, civil, administrative and constitutional, aspect that indicates the relevance of the problem being faced. First it will be approached the fundamentals that base this responsibility, their exclusive circumstances and extenuatory. Moreover, it will be analyzing the positions that are adopted by patriotic courts, and the existing doctrinal differences as regards to the subject matter. It will be made an approach about which is the best theory, whether objective or subjective. Finally, the objective liability of the state in cases of specific omission in the Brazilian prison system is the defended position, conclusion obtained after analyzing concrete cases.