SANTOS, A. C.; http://lattes.cnpq.br/9328967888815118; SANTOS, Alexandre Candeia dos.
Résumé:
The work is the object of study objective liability of utility companies in the face of
third non-users. The topic under discussion at present is pacified by the Supreme
Court after the judgment of Extraordinary Appeal 591874 / MS, whose understanding
was essential to restore consistency in the Brazilian legal system. The general
objective of this study was to analyze the current position of the Supreme Court with
regard to third non-public service users who were to suffer damage to its provision,
asserting isonomic treatment to all who suffered damage in these circumstances,
rising up the right to civil compensation for damage objectively. It is noteworthy that
the secondary objectives of the study refer to the understanding of the study of civil
liability of the State and the analysis of the advantage of its effects to the community,
jointly analyzing objective liability and the theory of administrative risk. The
methodology is presented through qualitative and deductive methods, presenting as
obtaining sources through indirect method, through library collections, including
books, scientific articles, judged, laws and the Constitution, making it possible a
review about of the proposed topic at work, whose body is divided into three
chapters. Finally, we highlight the importance of the subject in the study, since the
theory of administrative risk underlies the objective liability of public activity
performers generically, because indirectly jeopardizes the whole community and
should therefore bear this burden, thus giving the injured damage arising from such
activities repair civil courts without the need to prove intent or guilt of the harmful
agent, preventing the procedure becomes, increasingly bureaucratic and thereby
increasing the speed and guarantees of victims in the case of compensation for
damage through the courts, since only it is necessary to demonstrate a causal link
between the fact and the damage.
