A responsabilidade extracontratual do Estado por atos jurisdicionais

Abstract

This monograph is scoped to explain the theme of the civil liability of the State for damages arising from judicial acts. In this purpose, initially, will be analyzed the concept of responsibility as well as the historical development of theories of civil liability of the state, differentiating yet the contract of off contract. Subsequently, an approach about jurisdiction in a democratic state will be made, to characterize it or not as a public service. Once this differentiation ends, will also show themselves the various types of public agents admitted in the Brazilian doctrine and the framework of the magistrates in one of its subdivisions, so that, so doing, attract state responsibility for his acts, the content of the constitutional provision in article 37, § 6, which is grounded in the objective liability of legal persons of public law and private law providing public service when officials cause in that capacity damage to third parties. However, despite this prediction, part of the doctrine and jurisprudence still resists not accept the subjection of magistrates such responsibility. The privileges and guarantees in favor of magistrates, rejecting any arguments against civil compensation for damages caused by such will be elucidated. Ultimately, will be listed the main arguments of doctrines against the possibility of blaming the state for acts of judges rejecting them punctually, and, for act of consequence, will position itself irretrievably in favor of such a possibility. The methodology used for this study was based, essentially, on search bibliographical, documentary and legislative research.