Responsabilidade civil do Estado por omissão e os danos cometidos a presidiários

Abstract

Etymologically liability expresses the idea of obligation, responsibility, consideration. Assigning someone has a duty to repair the damage arising from the breach of other legal duty. It has been a liability of the State as the duty to repair the damage to the administered perpetrated by public officials because of legal or illegal, commissive or omissive acts, the § 6 of art. 37 of the Constitution takes care of the issue. There are several situations where the prison population is the victim of errors and omissions committed by state agents, causing harm to inmates. It is the duty of the State ensure the physical safety of inmates and ensure the effectiveness of their rights. Accountability of Public Administration is the most extensive and complete, compared to the responsibility assigned to the legal entities of private law, and is therefore governed by their own rules and principles. Because it is a broad topic, the liability of the State for omissive conducts bring an extensive field of legal debate, the doctrine is not unanimous, a part argues that state responsibility in cases failure to act is objective, the other part is that the same holds is subjective, based on the fault due to the lack of public service. Despite the debate, the majority jurisprudence has been positioned in the direction of giving the state a strict liability when its inertia causes damage to individuals. However, there are situations where the State may exempt himself from repairing the damage caused to citizens whenever proved that it had no duty to act or that the damage comes from any exclusionary responsibility.