A modernização da administração pública e a responsabilidade civil por erro em softwares adotados pelo estado

Abstract

This monograph deals with current issues that affect both society and the State. The contemporary society seeks to take advantage of the information technologies (IT) available today, which has led to significant changes and prints a high standard of speed, completeness, efficiency and effectiveness. In order achieve the new standard imposed by society, the State needed to adapt ti these new requeriments through the implementation of the model of public administration management that is based on the treatment: the citizen as a client and the State as a company, which should always be committed to achieve the desires of their customers. To maximize the results of the management model, the State ought, increasingly, use mechanisms from the IT to assist in governance and the provision of public services. Such mechanisms have been implemented, causing the phenomenon of the possibility of replacement of public server for machines controlled by software or systems, remaining for the law students the duty of examining the traditional concept of public servant, which has always been regarded as a human being by the majority of the law doctrine teachings. As a result, it will also reflect on the liability of the State, bacause, for this liability to take place, the presence of a public servant is necessary. Thus, it is raised the discussion of whether a damage caused by a system can lead to State responsability.