A responsabilidade civil extracontratual do Estado por atos causados por seus agentes

Abstract

In the issue of non-contractual civil liability of the State for acts caused by its agents, the remedy action must be filed against the State, due to the principle of double guarantee. As a rule, the non-contractual civil liability of the State takes place, observing requirements that have already been listed by the STF, which are in total compliance to the theory of administrative risk adopted by the Brazilian legal system. In this way the present monographic work was carried out looking forward the objective of analyzing the doctrine, constitutional norms and jurisprudence related to the subject, in order to achieve a correct understanding of the institute and its applicability. The method adopted was the deductive one, starting from theories and doctrines and going to the specific cases judged, relying on research techniques such as bibliographical and document research. The main findings show that according to the administrative doctrine, the constitutional norms and the jurisprudential understanding, the theory of administrative risk is applied aiming the objective responsibility of the entity in the omissions, requiring the victim of loss a public act only to prove the damage and the causal link to the said act. In this way, one can conclude, following the jurisprudential analysis presented in the form of final considerations, that although the risk theory is applied in the concrete cases, reflecting a social correctness against the undoubted disproportionality of the State entity and the individual, the omission and commission content of actions leading to damages, guiding the assessment of the State's non-contractual civil liability, is not an absolute character, being subject to the peculiarities of the concrete cases.