Análise da responsabilidade civil do estado: descumprimento do direito constitucional à saúde na penitenciária estadual Dr. Francisco Nogueira Fernandes Alcaçuz-(PEA)

Abstract

This article aims to address aspects of the State's responsibility for the health of inmates held at the Dr. Francisco Nogueira Fernandes State Penitentiary - Alcaçuz (PEA). To this end, it is necessary to conceptualize and determine the State's responsibility in relation to the health of inmates in prisons in the country, analyzing, mainly, the impacts of this reality experienced by them. Faced with this problem, the work examines the mechanisms used by doctrine and jurisprudence to understand the State's responsibility in the face of possible damages caused. For this purpose, the inductive method will be applied, carrying out bibliographical research in books, scientific articles, reports and official documents on the relationship between prison conditions and the constitutional right to health. In addition, official data and statistics on the health of prisoners in the penitentiary in question will be considered, along with information on public policies aimed at the health sector. From the collection and analysis of this information, more comprehensive hypotheses and conclusions on the topic will be drawn up, which will then be tested and confirmed or refuted through jurisprudential analysis