Erro judiciário e a responsabilidade do Estado

Abstract

This article aims to analyze the State's responsibility for judicial error when punishing subjects who should not be held responsible for certain crimes. It is also analyzed to what extent the State is responsible for the damage caused to these subjects and how this applies in the Brazilian legal system. In this sense, it will be addressed to what extent an indemnity can reverse the damage caused to human life, bearing in mind that, unlike civil law, a patrimony will not be discussed, where an indemnity ends the dispute without further damage, but the freedom and the dignity of the human person who cannot be compensated, since a conviction, besides causing irreparable harm to the condemned, brings with it traumas that will never be forgotten by those who experienced and proved the injustice. Due process will be analyzed, emphasizing the constitutional guarantees that underlie such right, such as the contradictory and the broad defense, among other indispensable guarantees to obtain a fair trial to all who are submitted to it. It will also be analyzed the criminal review bringing up its requirements and when it applies in the process. Finally, we will analyze the consequence applied to the state agents responsible for acts in the employment of their function, causing the judicial error and when this will apply.