Contemporary developments and difficulties of civil responsibility against the paradigmatic extraordinary appeal no. 580.252

Abstract

Facing the current Brazilian social and political situation, the need for a civil look on the issue of human rights violations of individuals imprisoned in Brazilian prisons is imperative, in order to relate to the state's omission and the ailments. inherent in the prison system, such as overcrowding and aggravating of the degrading conditions to which prisoners are subjected. In this light, the affront to the human dignity principles stamped in the Constitution of 1988 is crystal clear. Thus, the present study is relevant to expand the debate on the role of Civil Liability in the matter of off-balance moral damages, since no form of compensation achieves the necessary success. Through analysis of the paradigmatic RE 580252, judged by the Supreme Federal Court in 2017, (im)possibilities of minimally satisfactory responses to the aroused are extracted. The proposed study belongs to the legal-dogmatic methodological aspect. Regarding the type of investigation, the legal-projective type was chosen in the Witker (1985) and Gustin (2010) classification. Regarding the content analysis technique, it is theoretical research, based on content analysis of jurisprudence and doctrine. In conclusion, the impossibility of pecuniary compensation through Civil Liability was extracted, given the complex and fragile contemporary panorama of the Brazilian prison system.