Highlights

The State has no civil liability for acts committed by escaped prisoners

09/14/2020

The Brazilian Federal Supreme Court (STF) decided that, in the case of damages resulting from a crime committed by a person on the run from the prison system, the objective civil liability of the State is only characterized (article 37, paragraph 6 of the Federal Constitution) when the causal link between the moment of escape and the crime is demonstrated. The decision was handed down in Extraordinary Appeal (RE) 608880, with general repercussion (Theme 362), which will serve to guide the resolution of similar cases arising in other instances. The trial was held in the virtual session that ended on September 4.

Thesis

The thesis of general repercussion established was the following: "Under the terms of article 37 §6 of the Federal Constitution, the objective civil liability of the State for damages resulting from a crime committed by person escaping from the prison system is not characterized when the direct causal link between the moment of escape and the conduct committed is not demonstrated".

PR/CR//CF - CG/FB/GL

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