A responsabilidade civil do estado em razão da ineficiente prestação jurisdicional.

Abstract

The present research that will be developed, intends to analyze the evolution of the civil responsibility of the State in the Brazilian legal system, that, as the other entities of public or private law, can cause damage to somebody, being, in this case, responsible for the recomposition of the offense that resulted from its action or omission. Regardless of during many time the conception about responsibility of the state was the one of the idea of its absolute irresponsibility, nowadays it’s undeniable that the national legislation adopted the theory of the objective responsibility of the state, as provided in the article 37 § 6º of the Federal Constitution of 1988. According to it, the state is forced to repair the damages that it causes to someone else, regardless of intent or guilt, being necessary only the casual link between its behavior and the damage. Regardless the article that was mentioned before uses the termination “public agents” in broad sense, many discussions arise in relation to attribute the objective character of the responsibility as for the compensatory pretension of the State in front of the administered that are victims of its bad acting in the performance of the jurisdictional functions, performed by the magistrate and the others employees of the judiciary. Admitting that the jurisdictioned assume the consequences of the loss that has occurred from defective jurisdictional acts, is barging into the principles of the Democratic State of Right. Furthermore, unquestionably, the jurisdictional provision shall turn itself always to the full materialization of the desires and rights of the citizens and if that is inefficient, the condition of full citizenship lacks to the man, which amounts to saying that to the state lacks the reason of existing