Da reparação civil decorrente da prisão processual

Abstract

During the present work, is intended to analyze the possibility of the State be responsible for losses and damages caused to the individual that is victim of one of the modalities of procedural prison defined in Brazilian laws and that, further, is not condemned. Will be essayed about the evolution of the State’s responsibility theories, since Middle Age until modern times, so as the varieties of procedural prison that are put and the damages that come along with them. All under the spectrum of the fundamental warranties and rights constitutionally assured to the citizens. It is aimed to achieve the best solution that fits with the modern Theory of Minimal Penal Law and of Objective Responsibility of the State, in the Administrative Risk modality, being those theoretical referential that will be followed by the writer.