THE CIVIL LIABILITY OF THE STATE IN CRIMINAL JUDICIAL ERROR

Abstract

This article aims to analyze, legally and socially, the issue of wrongful imprisonment and the possible civil liability of the State in these cases. A miscarriage of justice occurs when, at some stage of the process, there is a mistake that culminates in an injustice towards an innocent person. It can happen for several reasons. This research aims to scrutinize the possible causes for a judicial error to occur and, it will be studied whether the State should be held responsible and how this will occur. For the development, bibliographic research was used, through works and research already published.