Responsabilidade civil do estado pela prisão provisória do inocente

Abstract

The present study aims to analyze the possibility of the State having to answer civil liabilities due to the harm done to a person who, after having served certain temporary prison time, is absolved a posteriori, and is declared innocent. During the theme debate it will be discussed the several modalities of temporary prison under Brazilian law, their requirements, goals and damages which may arise thereof, as well as the historical evolution of the extracontractual responsibility of the State, since the middle ages until present days, and the theories about the responsabilization of executives, legislatives and juridical acts. It will be proved that the State’s responsibility for juridical acts is objective. The institution of penal detraction will be dealt in relation to the temporary prison time served under a different lawsuit. At last it will be establish a concept of innocent regarding damage reparation.