Dos casos de custódia injusta: responsabilidade do Estado em face dos casos de prisão, detenção ou quaisquer outros meios de custódia aplicados indevidamente

Abstract

One of the greatest concerns and sadnesses of the Law operator is to be

confrontated with the latent injustice that plagues the Judiciary and the micro- systems of power in the national order. It is a merit that is difficult to deal with, both in

the technical and in the private sphere, dealing with the prison institute, especially when it is unfair. In the face of such a phenomenon, which is repeated with absurd frequency, the research investigates the historical context of the custody institute, going through its taxonomy and varied typology, until arriving at the present conjecture of the national order, analyzing in depth the injustices committed in the criminal procedural desideratum to the prison system. Based on the qualitative study and the bibliographic and documentary methodology, we seek to understand the reasons that generate such legal insecurity, so many cases of injustice and serious violations of Human Rights and individual guarantees. Furthermore, it studies the responsibility of the State and the public agent on the merits of the injustice practiced by the Judiciary and its mechanisms of action. The present research also seeks reference in the concrete cases of unfair custody, some famous and striking, to describe in a profound way the negative repercussions that the illegal ergula leaves on the individual's existence. Finally, a path of possibilities for necessary improvement is examined so that the injustices practiced in the criminal process, which undermine the right to come and go, that of the dignity and honor of innocent people, cease daily.