A RESPONSABILIDADE CIVIL DO ESTADO NA PRISÃO CAUTELAR INDEVIDA

Abstract

The study presented is an approach to the liability of the state in improper provisional prison, in the light of the principles of legal basis of the decisions that decree prisons, within a reasonable time to the process, as well as the dignity of the human person. Therefore, it is addressed liability and its historical concept, then it is the State's liability, checking his theories, doctrines and jurisprudence, as well as applying the principles, especially specified. Moreover, it is analyzed during the working arrangements for existing prisons in the Brazilian legal system and introduced the concept of freedom and its importance as a fundamental right, as well as the linking of the government to fundamental rights. At the end, it dealt with the issue of civil liability of the State for wrongful arrest. This work was performed by the use of exploratory research, through literature technique, from books and legal periodicals that have addressed the issue to, in the end, reach the results that answer key questions about the aforementioned device, which is, if the State has liability for illegal precautionary prison.