Responsabilidade civil estatal ante erros judiciários: um estudo sobre justiça, reparação e garantias legais

Abstract

This study aims to analyze the civil liability of the State in the context of judicial errors, as well as the possibility of personal liability of the judge. Initially, it addresses the concept of civil liability, its assumptions, excluding causes, and the different theories that shape the relationship between the State and judicial acts. The study explores the historical evolution of the institute and its regulation in the Civil Code, the Code of Civil Procedure, the Code of Criminal Procedure, and the Brazilian Federal Constitution. In the second part, the focus is on judicial error and the civil liability of the State from this perspective. Judicial activity is discussed, analyzing jurisprudence and the arguments that support state liability as well as those that oppose it, such as the unassailability of res judicata and the sovereignty of the Judiciary. The paper also examines judicial service provision, the right of access to justice, and issues related to delays in the delivery of judicial services. Finally, the study addresses the personal liability of the judge, seeking to determine if and when the judge can be directly held accountable for acts committed in the exercise of their judicial function. This study contributes to the understanding of the challenges faced in the field of the State's civil liability in cases of judicial error and offers important reflections for improving the legal system. As for the methodological approach, doctrinal research is conducted through books and legal articles, in addition to court decisions where compensation for judicial errors is parameterized.