Responsabilidade civil do agente público por danos a terceiros

Abstract

The purpose of this study is to analyze the possibility of lawsuit for damages directly against the public officer, who performs it with guilt or fraud on the fulfillment of the duty. At the first chapter, theories about the State’s Civil Liability are evaluated on the based of the constitutions once before in force. Then, we examine, minutely, the article 37, § 6, of the CRFB, which deals with the civil liability of the State as to its fundaments, its presuppositions, its causal link excluding causes and its liable persons. Besides, we also assessed the doctrinal discussion and based in case law about the type of liability that should be applied in case of damage caused by public power omission. Finally, the responsibility of the public officer is studied, exposing the concept, the classification and the doctrinal discussion and based in case law about the possibility of lawsuit for damages directly against the public officer. Beyond, some procedural aspects of the lawsuit related to damage repair, return action, prescription and denunciation of the conflict were analyzed.