A responsabilidade civil do Estado pela má prestação dos serviços públicos à luz do CDC

Abstract

This study aims to give an approach to the doctrinal and the jurisprudential understanding about the application of the State’s responsibility concerning the bad provision of services, that is to say, when, because of an omissive conduct, the State generates damages to third parts (the consumers). The study is mostly realized under the optics of the Consumer Defense Code, but also the administrative legislation concerning this matter is analyzed. In this intent, initial considerations will be made about the State’s civil responsibility existent throughout history, showing its evolution until the consolidation of the current theory of the State’s objective responsibility. Furthermore, consumer and administrative devices that involve the theme of civil responsibility in the delivery of public services will be analyzed, disclosing many controversies and the different doctrinal understanding concerning this topic. In the end, the most recent decisions of Brazilian jurisprudence will be object of this study, highlighting the divergences that exist in decisions made by Superior Courts.