A responsabilidade civil do Estado pelos erros do judiciário no âmbito penal

Abstract

This monograph aims a detailed study of the question of civil liability of the State for judicial errors in criminal matters, given that errors in this sphere are essential to the curtailment of freedom and consequent injury to a variety of fundamental rights. In principle, general provisions will be presented on this topic, focusing on different positions brought by the doctrine and jurisprudence, as well as their means of redress, aimed at reestablishing the status quo ante to error. Stand out from the issue of coping specific cases where Brazilians innocent spent several years behind bars, without having committed any crime, with an analysis under the aegis of the 1988 Constitution of the affected rights and the reasons that gave rise to such erroneous prison. It is further examined the issue of the Brazilian prison system, with regard to error on the design that arrest is the solution to the advanced state of crime, for which we are currently going through. The object theme of this study is full of details, it is contacting that there are still remnants of resistance in the State liable for the errors committed by the judiciary , with the doctrine invoking arguments about the state irresponsibility and jurisprudence also decided on the basis of subjective responsibility State , which must first prove that the Magistrate acted with malice or fraud.