A responsabilidade civil do estado em decorrência do decisionismo e da morosidade na prestação da tutela jurisdicional

• Autor(a) principal: Braga, Caliandra Vieira
• Data de Publicação: 2010
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/29845
• topic: Responsabilidade (Direito); Prazos (Direito); Tutela jurisdicional

It approaches the subject of Civil Responsability of the State in consequence of the decisionism and the delay in the concession of jurisdictional tutelage. It analyses the evolution of Responsibility of the State in the years, especially of the State-judge. It suggests a new approach of the subject, under the ideas of the Contemporary Constitutionalism and the guaranties of the access to the justice, the support of the judicial decisions and the rational duration of the process. It introduces the efficiency as an ideal to be persecuted by the operators in the Democratic State of Law. To define efficiency, it understands that it is not enough that the Judiciary receives the legal action; It claims that the jurisdictional tutelage should be realized in a fast and efficient way, in attention to the fundamental precepts of the human dignity and freedom. It introduces the decisionism, theory of the germany constitucionalist Carl Schmitt, and it explains its incorporation by some judges of the Judiciary Power of Brazil. It condemns the practice of decisionism, that consists in the pronouncement of sovereign and despotic decisions, disrespecting the fundamental rights and guaranties. It cites the delay in the concession of jurisdictional tutelage as the main problem of the Judiciary Power of Brazil today, causing in social atmosphere a feeling of faithlessness and impunity. It understands that the practice of decisionism and the delay configure denial of justice. It supports that harms suffered by people due to the decisions against fundamental precepts and the excessive delay in the concession of jurisdictional tutelage must be indemnify by the State, as a form to, besides of promoting the indemnification, stimulate the Public Power to direct all the efforts to avoid harms, as a form to assure an ampler and more efficient access to the judiciary.