Responsabilidade do estado pela morte do preso

Abstract

In this article, an analysis will be made of the civil responsibility of the State in the sphere of Administrative Law, based on the premise that the State is responsible for the death of the prisoner in the prison system, in the face of commissive or omissive conduct, abuse in the exercise of the profession of their agents, as well as because of failures in their duty to protect those people who are incarcerated. From that point on, since the State is responsible, except for the exclusion of responsibility, its duty of indemnification and the legitimacy of the relatives of the prisoners victimized for the receipt of the money, before suffering for the loss of an entity, will be analyzed, thus generating the access to the Judiciary, in order to alleviate the pain and anguish suffered. At the end, an approach regarding the indemnity quantum is made. A somewhat complex subject, since it is difficult to measure the price of a pain. However, this situation is necessary since the compensation has a compensatory and punitive character, and it is possible to assess it from the previous ones.