A situação precária do sistema prisional no Brasil e responsabilidade civil do Estado

Abstract

This article will address the historical context of Brazilian prisons and its main aspects, in a way that allows a bigger comprehension around the actual model of the prison system. In a second moment, discuss the finality of imprisonment in the life of the prisoner introduced to the Brazilian prison system and what would be the punishment for the damage caused. The purpose is to analyze the precariousness of the prison ystem, presenting its flaws, considering the overcrowded jails, the unhealthiness of the installations and, consequently, the disorder and uncontrolled administration. All of the aspects mentioned above indicate the impossibility of the prisoner’s resocialization, once it doesn’t exist an effective project that allows the reintegration of the subject in a social environment, so, there is a need for objective accountability from the government, as a result of its constitutional duty to maintain the physical and moral integrity of those who are under its custody. Given the negligence about the safeguard of the prisoner’s integrity and the irregularity of the prison system, the government is bound to indemnify them monetarily, and, in the same way, their families.