A legitimidade do agente público no polo passivo da ação judicial de responsabilidade civil do estado

Abstract

This paper aims at analyzing the public agent as taxable in the State Liability action. To do so, will address, first, the historical evolution, principles and foundations of State accountability. Then will be reviewed, the theories of the organ and double warranty, establishing position against the defendant as a rule in the State Compensation action. In this sense, an analysis will be made, pointing the thesis that there are several placements. Will be shown the positive and negative points of accountability of public officer, in addition to the species of accountability: subjective and objective. Highlighted the arguments, will opine by action directly against the public officer as an exception only when there is intent or fault of the administrator which caused the damage in the course of their duties.The third-party complaint made by the defendant-State will also be treated in this study. Showing the different opinions, will be shown the favourable points and the points against such intervention of third. Finally, there is a compilation of judged, clarifying the understanding of higher courts, regarding the defendant in the state compensation action, as the impossibility of third-party complaint. The methodology used for the realization of this work was based essentially on bibliographical research, documents and legislation.