COUNTER CSM: SPEAK ABOUT TO BE UNDERSTOOD

• Main Author: Emilio Santoro
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2018-08-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: prejuízos sofridos no cárcere; detenção indevida
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/34428

In Italy, there is no legal remedy in the legal system to compensate for losses suffered in prison. In this way, the CSM assigned the magistrate the competence to evaluate the compensation of damages, but only when it is current. In other cases, jurisdiction would lie with the ordinary court. This has limited the competence of the supervising magistrate and consequently the possibility of the inmates receiving reimbursement of damages. In this context, this article explores in the first chapter the literal interpretation of the CSM thesis, in the second the explanation of the reasons for the division of competence of art. 35- TER, in the third the interpretation of the CEDU appeal regarding art. 35 - TER and, in the fourth, and last, the question of the meaning of the term "current prejudice". The conclusion is that CSM's argument would render the appeal ineffective for many victims of misappropriation. That is, according to EDU's own court resources such as this under review should be available and appropriate, otherwise they will not have the desired effectiveness and affordability.