(Não) Acesso à justiça nos casos de indenização dos familiares das vítimas do massacre do Carandiru

Resumo

This article was developed by the students of the Access to Justice and Public Interest Advocacy Clinic, from the initial data collection made by the Crime and Punishment Study Center, both are groups of the School of Law of Fundação Getulio Vargas of São Paulo. The data collected was about the civil actions of repair brought up by the Family members of the victims of the Carandiru Massacre. Based on the in-depth analysis of 10 of the totals of 66 cases gathered, the students seeked to investigate if the Brazilian State could repair properly the Family members and if they had their right to access to justice protected and respected. The questions that guided this analysis were about the main arguments that justified the judicial decisions about the compensation of the different instances and the procedural barriers over the course of the processes. It was concluded that in contrast to the recommendations of the Inter-American Commission on Human Rights, the State adopted an essentially combative stance during the processes, in which it was verified, also, a wide disparity of the judgements and an excessive time of procedural protocol. These factors were results of long discussions about procedural matters, which monetary correction rate should be applied to the situation, a long queue of tax claims and abandonment of lawsuits on the part of the actors of the judicial system.

Ficha do documento

Tipo

Artigo científico

Ano

2018

Instituição

FGV Direito SP

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/31840

Palavras-chave

Access to justiceTort lawCarandiru Prision MassacreState violenceInterAmerican Commission on Human RightsAcesso à justiçaMassacre do CarandiruIndenizaçãoDireitos humanosDireitoReparação (Direito)Responsabilidade (Direito)Comissão Interamericana de Direitos HumanosCasa de Detenção (SP)