The problem of causation in governmental liability for crimes committed by prison escapee: analysis of Court of Justice of Paraná’s (TJPR) case law

Abstract

This study discusses the governmental civil liability for crimes committed by prison escapees. To this end, the authors analyze the case law from the Brazilian Federal Supreme Court (STF) and the Court of Appeals of Paraná (TJPR) on the subject matter. Then, the authors develop a critical review of the causation tests Applied by both courts when they adjudicate whether or not the State should be held responsible for a crime committed by a prison escapee.