The violation of fundamental rights in the Brazilian prison system and the analysis of the civil liability of the state

This monograph aims to analyze the civil liability of the State for the violation of the fundamental rights of prisoners. While serving a sentence, the arbitrary action of public officials has the power to cause excessive physical and psychological suffering to the incarcerated person. For this reason, the prisoner's constitutional guarantees based on Brazilian legislation and the role of the State in the application of custodial sentences were presented. However, it was demonstrated that the Executive Power is responsible for observing and guaranteeing the application of penalties without, however, violating the constitutional precepts of the offending agent. In addition, it was found that the Judiciary Branch may intervene in the Executive in case of omission to ensure better living conditions during the criminal proceedings. Consequently, it was demonstrated that the constant violations of the prisoners' rights result in the State of Things Unconstitutional. In order to solve the problem, the research was used in its qualitative form, exploratory in character by the deductive method. For all the above, it was concluded that the State, in exercising the jus puniendi, must exercise its powers within the legal parameters, without harming the physical and psychological integrity of the prisoner, with strict observance of the dignity of the human person in order to avoid a possible liability in the civil sphere as a result of their arbitrariness. And, in addition, the three powers must act together in order to provide better living conditions for the captive.