A responsabilidade civil por omissão do estado em acidentes de trânsito

Abstract

The work aims to investigate whether the liability for failure of the state in traffic accidents is subjective or objective. Consists of doctrinal research and jurisprudence of the Supreme Court on the subject. The research analyzes the theoretical basis of the institutes of civil liability and civil liability of the State. It deeps the study on the basis of liability without fault, based on the theory of risk and equitable distribution of social burden. It delimits that the elements triggering event, damage and causation are sufficient and enough to set the liability of the state, remaining interest in perquisition guilt only for the purpose of exercising the right of action against the regressive server that acted with negligence. It searches the current legislation specific about accountability in traffic accidents. The conclusion is that, although the case law lacks greater uniformity, specific legislation and specialized doctrine agree with the objective character of liability for failure to state in traffic accidents.