O ajuizamento da ação indenizatória decorrente da responsabilidade civil do estado em face do agente público

Abstract

Aims to investigate the possibility of the public servant figure as defendant in the indemnification demand, arising from the civil liability of the state, institute referred in Art. 37, § 6 of the Constitution of the Federative Republic of Brazil 1988. The constitutional rules foments so much discussion on the theme, since the doctrine and jurisprudence aren’t in unison by affirm the legitimacy passive of the public servant in demand proposed by the victim of the damaging event. Indeed, when analyzing the rule there are doubts about the obligation to propose demand only against the State or the direct need to make responsible the public servant. The Superior Court of Justice (STJ), supported by the majority doctrine, understands that the victim of the damaging event has the power to promote the lawsuit against the public servant, the state or both. For its part, the Federal Supreme Court (STF) believes differently, consecrating the theory of double guarantee, in favor of one particular, which can only sue the state, and another for the public servant that can only be sued by legal entities which is bound, in the seat of regressive action. It’s understood that the precedent of the Supreme Court must prevail, by providing greater guarantee to the victim, as well as to make responsible the public servant for the damage caused willful and guiltily, in the interpretative patterns and in the historical context of the norm that treat to the civil liability of the State, in strict obedience to duty of good administration.