Responsabilidade extracontratual do estado: controvérsias acerca do dever de reparar o dano em casos de omissão.

Abstract

This monograph stopped to research the topic , notably by its current importance in a legal system in which the state intervenes increasingly in private relationships . Investigated the importance of non-contractual liability of the state , more specifically with regard to historical and evolutionary perspectives and didactic , through its legal rules and principles . The purpose of this study was to investigate the non-contractual liability of the State : controversies about the nature of the obligation to repair the damage in case of failure . The research to achieve this goal began through a conceptual analysis of the responsibilities of the state and its history - rolling , climbing the concept and guided study of theories of administrative responsibility , more objectively about the theory of comprehensive risk and administrative risks . To illustrate the issue , we sought to understand the liability of the state : concepts and other aspects and their importance according to current literature . At work , the controversies concerning the duty to repair the damage in case of failure demonstrated the influences arising in the presence of the interventionist state and the current social situation . Finally the work was supported by a positioning about the trend and possibility of adopting as a rule of strict liability in cases of state failure , whether such acts arising from a generic or specific omission on the ground climbed by the principle of legality and equality.