Do prazo prescricional das ações indenizatórias em face da fazenda pública e o posicionamento do Superior Tribunal de Justiça

Abstract

The main study consists on the conflict between the 1st article of Decree-Law nº 20.910/32, which stipulated the five-year limitation period for all claims against the Treasury, and article 206, §3º, V, of the Civil Code of 2002 which afterwards came to establish a three-year term based on the demands for civil damages, without, however, excluding from its prediction legal entities of public law. This legal controversy has a clear legal and social importance, since it involves a possible reduction of the lag time for activating Judicial branch in any demand for compensation of the individual before the State. The aim is thus to identify the criteria used by the hermeneutic doctrine to the solution of this contradiction and define which one translates the most consistent interpretation within the legal system. It is also intended, based on the judge-made law from the Superior Court of Justice, to identify how this court, which was constitutionally determined to settle quarrels throught ordinary laws, has been solving conflicts of the normative conflict observed.