A responsabilidade civil do estado por omissão nos casos de morte de detentos no sistema prisional brasileiro: análise da adoção da teoria objetiva pelo Supremo Tribunal Federal no recurso extraordinário n° 841.526

Abstract

The present research proposes an analysis of the State's civil liability for omissions, specifically in cases involving the death of inmates in the Brazilian prison system. It examines the perspective of national doctrine and jurisprudence and its practical applicability, focusing on judicial decisions on the issue. This complex and controversial topic was marked by divergences in the context of applying the theory of liability in its objective or subjective aspect until the consolidation of the subject by the Supreme Federal Court in the judgment of Extraordinary Appeal No. 841,526. Initially, the configuration of the national prison system and its gaps are presented, as well as the role of the State as a guarantor of fundamental rights to individuals, especially those in situations of deprivation of liberty. The State's commitment to the resocialization of inmates is also discussed. Subsequently, the work focuses on the State's civil liability for omissions in the prison system, exploring its concept and the State's obligation to ensure the physical and moral integrity of inmates from the perspective of the principles of protection of trust and legal certainty. The constitutional rule of objective civil liability is also discussed, and the State's omission is examined from the perspectives of subjective and objective liability theories, culminating in the analysis of the Public Administration's civil liability for omissions in protecting human dignity in the Brazilian prison environment. Finally, the impact of jurisprudence related to the State's liability for the death of inmates under its custody is examined, with special attention to the analysis of Extraordinary Appeal No. 841,526 by the Supreme Federal Court in 2016. This paradigmatic ruling solidified the application of the theory of objective civil liability of the State in cases of omissions in the Brazilian prison system, influencing judicial decisions throughout the country. The methodology adopted in this research uses the deductive method, starting from general principles of the State's civil liability to examine its specific application in the penitentiary sphere. Additionally, it is based on a bibliographic approach that includes the analysis of doctrinal works, academic articles, and relevant judicial decisions.