The Supreme Court (STF) ruled Wednesday (Mar. 30) that the State may be held accountable for the death of inmates for not offering adequate prison conditions. According to the thesis presented, it will now be the duty of the federal and state governments to prove they are not responsible for the casualties.
The decision was made during deliberations over an appeal filed in a Rio Grande do Sul state court, which questioned a local judicial ruling which stipulated the payment of compensation to family members of a prisoner who committed suicide. The court subscribed to Justice Luiz Fux's vote unanimously, which was in favor of the protection of the detainees.
To Fux's judgment, it is the job of the government to ensure the physical integrity of those under its custody. “A democracy under the rule of law, where everyone is equal, must not tolerate that some individuals may be deprived of their fundamental rights, even if they have harmed society's most precious legal interests,” he argued.
Translated by Fabrício Ferreira
Fonte: Agência Brasil.