The pricing of freedom the civil responsability of the state in face of illegal prison

Abstract

The purpose of this article is to determine the State's civil liability in the face of illegal detention. As a result of the analysis of the origins of the notion of accountability of the Public Administration, the scope in which the duties to indemnify originate and are inserted, forged in the Rule of Law, is configured. The concept of illegal detention and the limitations of the State's (ir)responsibility are examined using bibliographic and jurisprudential research, as well as the inductive technique. It is proposed that the duty to indemnify stems from the unlawfulness, which must be examined in the context of each specific case. When there is a violation of individual liberty, the state should be held liable for property, extra-penalty, and existential losses. However, such liability must be removed if the illegality is excluded, or the causative relationship is severed.