A responsabilidade civil do estado decorrente das prisões processuais

Abstract

This study aims to analyze the possibility of the State be responsible for compensating the damage sustained by the individual who has suffered a kind of prison procedure contemplated under Brazilian law, and at the end of the prosecution, is not condemned. It approaches the evolution of theories of state responsibility and the prison, particularly the prison and its procedural rules and modalities. Finally, it seeks to achieve the appropriate solution to the issue, considering the constitutional principles of the process and the principle of proportionality as a basis for discussion.