Illegal prison and the civil liability of the state

This paper will seek to discuss the general aspects of illegal imprisonment experienced in our country, and its causes during a process, from the moment of imprisonment to the condemnatory sentence. An experience that will seek to bring as a central subject, as negative influences caused by human error while holding state powers, either through negligence, malpractice or imprudence that cause a judicial error. As the name implies, judicial error can occur during the judicial process, a way it starts, occurs during the process and, consequently, will have consequences for the defendant's life. And the life of the accused is the most important subject in the central theme of this work, since freedom is the greatest guarantee after the fundamental right to life, being impossible a full life without the right to come and go, let alone live fully after to have such an important right, illegally taken away. Any deliberate decision made by judges, whether favorable or unfavorable, directly impacts the parties involved in the process, from the moment that the human being becomes part of a system as big as a judgment process, the risk of errors becomes each more and more evident, but mistakes are not acceptable when what is at risk is an attempt against life and freedom. In the study, the main challenge is to put oneself in the shoes of those who find themselves at the mercy of justice, and who often for illegal reasons have their freedom taken away.