COSTA, J. A. M.; COSTA, Joaquim Augusto Maia da.
Abstract:
The civil liability of the State, not yet enough was spread out, in the Brazilian
society, therefore many times the particular one suffers the damage but due the
lack of information, proper morosity of judiciary and the other variants, does not
have this repaired damage, therefore it fits to the operators of the right to divulge
and to argue civil liability of the State. The civil liability, by itself, already possess
its difficulties for to be difficult its understanding and applicability in the daily one.
In face of the frequent notice of errors practised for the magistrates and of the
diverse visions politics concerning the subject, it is that this work is initiated, first
making mention of its main aiming, the acts judicial giving jurisdictional and the not
jurisdictional ones emphasis to the differentiation of. After that tracing an sketch of
the civil liability separately, with brief commentaries on its origin and the theories
that had formed it, being later desmembred one of its branches, come back oward
the State and finally directing itself toward the acts practised for the magistrates.
Later if they weave commentaries on harmful the jurisdictional activity and are
presented the tegai cases that can come to oe wntte or ressarcixones oemsr:
devices that base these actions and the confrontation of the theories that defend
the irresponsabilization of the State. Finally the agreement of the Supreme
Brazilian Federal Court concerning the subject.