SOUSA, F. B.; http://lattes.cnpq.br/1660390609797641; SOUSA, Flaviano Batista de.
Resumo:
Being the civil responsibility of the State right matter that suffered great
transformations in the historical evolution of the society, salutary it is made the
understanding of their beginnings, current species of the concrete case, and all
his/her historical evolution until if it arrives to the foundations that guide the
contemporary phase of the state responsibility. Like this, it is looked for in the first
moment of the present research work to know the inherent concepts to the matter
treated in the scientific text, their presentation forms in the juridical and social wheat
field and all the pragmatism that it surrounds the theme in debate. In a second
moment it is approached, all of the phases of the juridical institute that it starts to
guide the present dialectics in this singular summary. Looking for the historical
evolution discovered her that as regards to civil responsibility of the State, a wellknown
juridical progress was gotten when the institute left the total irresponsibility for
the responsibility present lens in the constitutional text of 1988. The third moment
behaves from way to question, and at the same time to prove the public agents' civil
responsibility involved in the concrete case, as well as the effectiveness, legitimacy,
legality and originality of the documents produced by experts, jurists and too much
public agents involved in the process of state transfer of self-driven vehicles. It is still
approached the concrete case about pragmatic point from where all the need of the
research appears, where he/she starts to believe that nothing else animated for the
researcher, academic, operator of the right, that to work with the concrete case as
regards to civil responsibility, the passion becomes great motivation, leaving the most
salutary and more proficient dispute. In an all exposed one it is ended that the State
is responsible objectively for the mistakes contained in the exams, expertise,
technical decisions and too much official documents sent by the Public Organs. For
the to arrive this conclusion was from fundamental importance to the academic
research, the knowledge of the Right and all his/her relative norms to the matter, the
systemic investigation and the concrete fact as larger instrument of the positive
Right. He/she remains inside of the pragmaticismo, to infuse to the State the whole
responsibility for the mistakes and inabilities that their agents produced, harming like
this the right and the patrimony of the administered.