Responsabilidade dos atos jurisdicionais.

Abstract

The delay in the judicial provision entails and generates civil liability for the State. Jurisdictional activity comprises every act practiced by the State-Judge in the course of the proceedings. Errors in the provision of jurisdictional acts must be remedied by the State as this body is responsible for the Constitutional Jurisdictional provision. In this context, he must be the same responsible for the slowness in his performance, thus causing denial of justice. The Federal Constitution of 1988, especially in Article 37, $ 6 °, adopts strict liability of legal entities, however we find differences regarding the inclusion or not of the judicial activity in this sense. The doctrine and Jurisprudence still do not adopt firmness on the issue, with a tendency of the doctrine in the sense of holding the State responsible for the judicial provision. In alien law, it is common to adopt State responsibility in cases of delay in order to end jurisdictional protection, being necessary to use the science of comparison for analysis and adaptation of national law in this aspect. The present work should analyze the liability arising from judicial acts, the judicial activity that bears responsibility from the judge state, Exclusions from the responsibility of the Judge State for the exercise of the judicial activity, the exclusive fault of the victim, force majeure, indemnity for moral damages, it is done the present proposal is necessary, having as primary age the fight against impunity of those who rely on the total absence of responsibility for the evident eternalization of the processes, generating with this discontent a total discrediting of the Justice and distrust in the operators of the direct, especially in the lawyers.