A responsabilidade do estado em caso de morte do detento e as controvérsias que envolvem o tema

Abstract

The purpose of this study is to analyze the State's responsibility regards of deaths in the Brazilian prison system. With this purpose, approaches the construction of the main aspects that involve the responsibility of the State in occurrences originating from the action or the omission of its agents. The State as holder of the right to restrict the freedom, in exercising of such prerogative, should allow these persons the right to exercise all the guarantees ensured by the entire Brazilian legal order. Furthermore, the unfortunate reality of the Brazilian prison system is presented, evidencing the legal guarantees are not granted to this population and emphasizing the serious problems faced. This lamentable reality of the prison system further underpins the State's accountability to the death of prisoners inside prisons, as well as the duty to indemnity their families. It concludes that the State must fulfill its role as responsible for the accused not only when they die and their families require an indemnity, but mainly, when the State disregard the basic guarantees that are not reached by the loss of the freedom assured to the prisoners.