Considerations about the Brazilian prison system, the State’s civil liability and its consequences

Resumen

This paper makes considerations about the Brazilian prison system regarding the figure of the incarcerated, considering its main nuances in a descriptive and analytical way, in addition to its historical contexto and its developments.Through a literature review, which is understood as a qualitative methodology of preserved rigor, the characterization of the prision experience and its “unconstitutional state of affairs” was outlined in the view of several authors, not only from the law or any of its aspects, but from other related areas, which is enable this dialogue with the law, transcending legal knowledge and enabling a debate from different angles. There are also some provocations regarding the civil responsability of the state and the dignity of the human person, focusing on the violation of several rights, considered fundamental. Finally, the presentation and analysis of the dimension of relationships, especially family ones, i salso presented, considering the fragility of bonds within the penitentiary reality.