Moral damages arising from illegal arrest: the implications for the preservation of procedural justice

Abstract

The Brazilian regulatory system is premised on establishing broad protection against the most diverse types of illegality that may arise against an individual. In this way, as a solution to the problem presented, institutes such as compensation and reimbursement are necessary. This article addresses the issue of moral damages resulting from illegal arrests, analyzing, therefore, the implications of the compensation institute in cases where the basic principles of individual human dignity and due process of law are violated. To do so, initially general aspects of the Theory of Damage will be studied and how such situations interfere in the daily life of the injured agent. Therefore, an apparatus will be made of the specific modalities of illegal arrests and how they compromise the credibility and trust of the procedural justice system.