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

• Main Authors: Edimur Ferreira de Faria, Raphael David Duarte Mariano
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Política Judiciária, Gestão e Administração da Justiça
• Subjects: Responsabilidade civil do estado; Danos decorrentes de atos judiciais; Função jurisdicional; Estado democrático de direito
• Online Access: http://www.indexlaw.org/index.php/revistapoliticiajudiciaria/article/view/248
• ISSN: 2525-9822; 2525-9822

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.