Responsabilidade civil do estado por atos judiciais

Abstract

Given the growing importance and timeliness of the issue of civil liability, this paper will address the responsibility of the State resulting from judicial acts. The purpose of this study is to analyze the contours of the theory of state responsibility for damages resulting from the judicial activity before the legal system and the jurisprudence of the Federal Supreme Court. For this, a bibliographical research was used, including the study of Brazilian doctrinal works, articles of specialized periodicals and jurisprudential research in the scope of the STF. At first, it explains the evolution by which the responsibility of the State passed, and its reflections in the Brazilian legal order. Inserting in the merit of the proposed theme, the contours of the jurisdictional function, considered as subjective constitutional right essential to the organization of the society, and as duty of the State are traced. The following describes the evolution of state responsibility for judicial acts, including the refutation of arguments in favor of the irresponsibility argument, the species of responsibility of the State judge, and the necessary requirements for the State's responsibility as regards the jurisdictional function. There is a discussion on harmful judicial acts that give rise to civil liability of the State, such as: judicial error, undue arrest, denial of justice and delay in judicial proceedings. Finally, analyzing the jurisprudence of the Praetorium Excelso, it is concluded that, notwithstanding the most current doctrine, without divergence, to have affirmed that, in view of the innovations brought by the 1988 Constitution, the State is responsible for judicial acts, jurisprudential understanding in the sense that the State is not responsible for the acts of its judges, except in cases expressly accepted by law.