Responsabilidade Civil do Estado por conduta abusiva de poder de seus agentes.

Abstract

It is necessary to note that humans by nature seeks to protect your patrimony, in such way that whenever they note a threat to his patrimony, seeks ways to protect it. This search, which is an attempt to prevent the occurrence of any damage or repair to the damage already configured, culminated in the creation of one of the most important institutes of law, civil liability. So, we can see that there is the civil liability of performing human activities as a result of their actions. The support of civil liability is the feeling directed by moral plane, that the causative agent of the damage, do not unharmed from the reparations obligation caused by it. The state responsibility is geared to ensure stability in relations between society and the state, compensating the individual before any damage caused by the performance of public administration. Occurred this damage, the Public Administration must first determine the civil liability server with administrative procedure following the principles of the contradictory and full defense as provided in the Constitution in its article. 5, LV. If the damage was caused to third parties the State has an obligation to indemnify them regardless of intent or server fault. To accomplish this work, was used the deductive method as method of approach, the evolutionary history methods, monographic and functionalist as methods of procedures, and as a research technique, the theoretical.