A responsabilidade civil do estado por morte ou lesão de detentos: análise da omissão estatal na garantia da integridade física e moral no sistema prisional brasileiro

Abstract

This article analyzes the civil liability of the State for damages resulting from the death or injury of detainees in the Brazilian prison system, from the perspective of the Federal Constitution of 1988 and the jurisprudence of the superior courts. The research problem focuses on identifying the legal criteria adopted for state accountability regarding the omission in guaranteeing the physical and moral integrity of those in custody. The deductive method was used, with a descriptive and explanatory approach, through bibliographic and documentary research, analyzing the historical evolution of the institute and the recognition of the "Unconstitutional State of Affairs" (ADPF 347). The study demonstrates the overcoming of the administrative fault theory (subjective) in custody cases, due to the special subjection relationship between the State and the detainee, which imposes on the Public Power a specific duty of protection. It is concluded, based on the STF general repercussion thesis (RE 841.526), that the State's civil liability for the death or injury of detainees is objective under the administrative risk modality, configured by the failure to comply with the specific duty to act, admitting liability exclusions only when the causal link is broken. Furthermore, the duty to indemnify for moral damages resulting from degrading incarceration conditions is recognized.