The Civil Liability of State for Damages Arising Out of Judicial Acts

• Autor(a) principal: Faria, Edimur Ferreira de
• Data de Publicação: 2015
• Outros Autores: Mariano, Raphael David Duarte
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Política Judiciária, Gestão e Administração da Justiça
• Texto Completo: http://www.indexlaw.org/index.php/revistapoliticiajudiciaria/article/view/248
• topic: Civil liability of the state; Damage resulting from legal acts; Jurisdictional function, Democratic state; Responsabilidade civil do estado; Danos decorrentes de atos judiciais; Função jurisdicional; Estado democrático de direito

Considering the constant and thought-provoking discussion on the issue of civil liability of the State for non-contractual damage, this study addresses the issue from the standpoint of civil liability of the State for damages resulting from legal acts, the last remnant of lapses theory of state irresponsibility. The study was to research sources jurisprudence and doctrine Brazilian. We examined the evolutionary phases of state liability starting from the state of irresponsibility, passing by the subjective responsibility with guilt, it came to the strict liability of the State, taking into account even the Federal Constitution of 1988 and the democratic rule of law. Finally, the work comes to assert the extent to which theories of state liability examined are considered by the judiciary in cases where the damage was caused by organs of himself to the end check that the theories and decisions actualize the Constitution Republic where the judicial is the cause of the damage.