Responsabilidade Extracontratual do Estado decorrente da falha no sistema carcerário

Abstract

the ample research regarding the State's accountability in the correctional system errors aims at addressing two aspects of the notorious ineptness of the brazilian prison system: the inmate's death inside the system; and the damages caused by a fugitive. The present study makes an analysis of doctrine, jurisprudence and legislation. Based on the assumption that Brazil is a Democratic State, it is compelled to fulfill the legal order. First, it was necessary to study the constitutional administrative principles, since these are the foundation of the public administration's deeds. Then the prison system's jurisdiction was analyzed based on the Federal Constitution and the Criminal Law, acknowledging the State's duties toward the prisoner. Lastly was demonstrated the State's objective accountability for causing damages to inmate and citizen due to failing to fulfill the legal duty.