Responsabilidade civil extracontratual do Estado por atos ilícitos cometidos por apenados no sistema penitenciário brasileiro

Abstract

The present work seeks to analyze the extra-contractual civil liability of the Brazilian State for an illicit act committed by inmates within the prison system. In principle, it addresses the historical aspects of the penitentiary system, penalties, and the legal institutes that followed until the Criminal Execution Law and its applicability. It addresses the issue of the "crisis of the prison system", from the study of this system from its origins to the present day, with the report of the greatest rebellions that have occurred today, concluding that this is not a crisis, but successive human rights violations, in line with what was decided in ADPF 347. It deals with the administrative illicitity, as well as the institute of extra-contractual civil responsibility in Brazil, and goes into the issue of state accountability in cases of illicitity within the prison system. It concludes that the State has the duty to compensate those convicted for damages resulting from the breach of the duty of care provided for in the Federal Constitution, when in situations where the Public Power had the duty to act and did not do so specifically or in general.