A hipótese de indenização por dano moral no ordenamento jurídico brasileiro em face da reincidência criminal

Abstract

This study aims to demonstrate the possibility of granting compensation for the judiciary in relation to the state through the bond subjective caused by the commission of a new crime, that is, a chance to claim moral damages for being a repeat offender as a result of not rehabilitation or omission the State in taking care of the convict. The study presents a brief analysis of the Brazilian penitentiary system, still exposes the evolution of criminal recidivism Institute and, in sequence, the construction of civil liability. Here it is focused on civil liability for failure to state. As methodology, the study uses literature review of the historical evolution of criminal recidivism Institute and civil liability, including showing some statistics and testimonials at the State Penitentiary Seridó / RN. The importance of the study is revealed from the growing prison population and the apparent indifference of the authorities and politicians to mitigate the problems related to the prison system. In fact, Brazil has the third largest prison population in the world according to surveys by the National Council of Justice, however, is clearly the occurrence of violations of fundamental rights. On the other hand, can not claim that only a Constitution named "Citizen" will ensure the protection of human dignity in these cases. An incisive performance of legal professionals to impose the practice of law and charge prejudicial measures the fundamental guarantees of man is imperative.