A responsabilidade civil do estado no caso de morte de detento à luz da jurisprudência do Supremo Tribunal Federal

Abstract

The purpose of this paper is to explain the Civil Responsibility of the State before the death of a detainee under his custody, according to the position of the Federal Supreme Court. The STF considers the responsibility of the State, in this case, to be objective. First, it presents a historical evolution of the state responsibility for its acts under the influence of theories of irresponsibility, Civilian, Publicist, lack of service and the theory of administrative risk. Subsequently, the theory of administrative risk is explained, through its concept, fundamentals, constitutional forecasting and exclusionary responsibility that distract its incidence. In addition, the research demonstrates how the theory of administrative risk corroborates to the objective responsibility of the Public Power in the death of prisoner. It is worth noting the main judgments of the subject, specifically the most recent general repercussion of RE nº 841.526 / RS and their respective grounds for unanimity of the decision, highlighting the constitutional duty of the State to guarantee the custody and vigilance of the detainees that have lately been Target of criticism amid the growing increase in violence in the prison system.