Responsabilidade civil do estado em face de morte de menor nas dependências de estabelecimento educacional de custódia
This article aims a reflection on the peculiarities of state liability resulting from the death of youngsters of an establishment for the custody of hospital, where young people should be under the mantle of full protection of the state entity, that gives to the family right to claim for material an...
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Main Authors: | , |
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Format: | Article |
Language: | Portuguese |
Published: |
2012
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4450979 |
Source: | Cognitio Juris, ISSN 2236-3009, Vol. 2, Nº. 5, 2012, pags. 143-150 |
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Summary: |
This article aims a reflection on the peculiarities of state liability resulting from the death of youngsters of an
establishment for the custody of hospital, where young people should be under the mantle of full protection of the
state entity, that gives to the family right to claim for material and moral damages, through a doctrinal and
jurisprudential approach will be explained all the particulars surrounding the issue, on its civil, procedural and
constitutional aspects, and in the end presents a critical analysis in order to emphasize the need to interpret
systemically devices applicable law the matter to the principle of full protection to the young man destined to fulfill
socio-educational measure, and limit the chances to put away the state responsibility in actions related to the
subject exposed. |
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