Os âmbitos da responsabilidade civil do estado em face dos danos sofridos por aqueles que habitam em áreas de risco

Abstract

This paper aims at analyzing the aspects that involves the civil liability of the State about disasters that happens in risky areas, highly the ones occurred from sliding in hillsides and in floods of local river lea areas that in spite of the fact they do not have the least condition for a healthy habitation they are widely occupied. This paper has developed itself since the analysis of the elementary points concerning to civil liability overflowing to the field of State liability. It is also concerned to the fundamental right of dwelling that due to its lack of applicability shows itself as one of the biggest factors that conducts the needy people to inhabit inappropriate places to a respectful life. Yet, it is discussed about the State omission referring to its fiscal must to the several constructions and urban occupations in order to verify the urban law observation. It is examined how Judiciary is facing the problem of human and material losses in risky areas, discussing the several existent opinions.