Da inefetividade da ação regressiva interposta pelos entes prestadores de serviço contra seus agentes.

Abstract

Undisputed it is the fact of that the Civil liability is in full development, emerging as importance inter discipline institute, here it is that used in such a way in commercial, criminal, consumer, administrative the civil law how much, enclosing, therefore, some branches of the right. E exactly in scope administrative is fit the present study. It demonstrates that the legal people of or private public law, rendering utility, are responsible objective, that is, without the necessity of evidence of guilty or fraudulent behavior, for the damages that they cause to third managed. It displays that, from then on, it confides college of such beings to enter with action of the regressive type against of the agent who, now yes, fraudulently or guiltily, provided the damage. That is, the exercise of the college to interpose third-party claim, granted those beings rendering of the public service, i f only gives in face of the subjective responsibility that has the .causing agent of the injury to third. What this study it questions, however, is the fact of the effectiveness of this action of return, has seen that, in rule, the financial situation of the agent does not make possible the faithful payment of the upstream expense (in action for indemnification previously established it enters the legal people under analysis and the third wronged one) for the rendering being of the public service, or same in reason of the difficulty in proving it existence of practical of fraudulent or guilty behavior of the agent, this when possible its identification. He proves, therefore, to be about institute of undeniable inefficacious, what he is corroborated by the judges, solicitors and lawyers experts of the cause and still by means of harvest of data, which come to prove, through statistics, the alleged one.