Responsabilidade civil extracontratual do Estado por omissão

Abstract

The present work has as its theme the State's non-contractual civil liability by default. The State responsibility theme seeks to investigate the state's duty to indemnify individuals for civil damages as a result of omissions by public agents in the exercise of their administrative function. Its general objective is to carry out the historical analysis of the State's accountability in the world, from its beginning in France, to the present day, with the Federal Constitution of 1988, it also seeks to point out the exclusive causes of State responsibility, and the possibility of action regressive against the agent causing the damage. As a specific objective, it seeks to analyze in Brazilian doctrine and jurisprudence which form of accountability should be applied in the specific case, whether objective or subjective. It is concluded that when the State is silent, it should indemnify the injured individual, but it is not plausible to establish an understanding under the aegis of a single theory, with the legal system capable of supporting both forms of accountability, objective and subjective. For the research, the inductive, analytical-descriptive method was used, with bibliographic research technique.