THE CIVIL LIABILITY OF THE STATE FOR THE DEATHS OF PRISONERS IN PENAL ESTABLISHMENTS Mariana Matias de Oliveira, Guilherme de Macedo Soares

Abstract

This article addresses the issue of State liability in the civil sphere for the deaths of prisoners while in prison. A priori, it is essential to understand the elements considered fundamental for the characterization of the institute of civil liability, so that it is possible to achieve the aforementioned State liability. In addition, it is extremely important to discuss the guarantees of prisoners, in the constitutional and infra-constitutional spheres as well as in the international sphere, and to compare them with the current conditions of the Brazilian prison system, in order to discover, in the end, whether these are being effectively protected. Consequently, to conclude whether the State is entitled to compensate for the various deaths of prisoners and whether there are rules regarding the valuation of this compensation.