Responsabilidade civil do Estado por erro judiciário.

Abstract

The issue of liability of the State or the Government is inserted into the field of study of Administrative Law which has been a subject of strong debate in the academic. The problem of judicial error becomes liable to be studied and analyzed theoretically, it is seen the consequences of a mistake made by public officials, and that affect the lives of others. The general objective is to present a study on the liability of the state and the problem of judicial error. The methodology employed in the conduct of this search was the employment of methods legal exegetic bibliographic, and the use of exploratory and qualitative research. The liability of the state for acts courts stems from the malfunction of the judicial service. There are factors that exclude the liability of the State: to blame the victims ma, the direct action of others; the case fortuitous; issues of strong force, a clause not to indemnify. The denunciation deal in the shares against the state can be explained by three current doctrinal: The first states that the current rule provides the public servant to the relationship procedural, while the second fold denunciation that the decision results in the procedural economy, and the last down that the Public Power shall indemnify the victim, covering all the damage incurred. The error judiciary characterizes itself as damage of judges that affect third parties, where they receive an indemnity. It is the right of return against the public the damage. The judges have responsibility when acting with fraud or fraud. The judicial errors are frequent in prisons illegal or inappropriate prisons. It was concluded that the liability of the state is in fact to be a repair on the damage caused to an individual and that the judicial error it is characterized by inexact measures the Judiciary.