A responsabilidade civil do Estado no erro judiciário: o dever indenizatório pela prisão indevida

Abstract

Study on the civil liability of the State in cases of judicial error resulting from improper imprisonment, commenting on known and emblematic facts where the individual's unjust imprisonment occurred, explaining the State's duty to indemnify the individual who was unjustly imprisoned, correlating the injured rights in the prison unfair and the amount to be indemnified for the person in view of the real case. The deductive method will be used to indicate and illustrate the facts related to the theme, bibliographic research will be essential to scientifically support the State accountability thesis. The research concluded with the State's obligation to indemnify and protect the illegally imprisoned person, with regard to all of his or her injured rights, from freedom in prison time to the consequent damages of the unjust imprisonment.