A responsabilidade civil objetiva das concessionárias de serviço público em face dos terceiros não usuários.

Abstract

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.