Responsabilidade Civil do Estado por balas perdidas em atividades policiais: a obrigação de indenizar na ausência de comprovação pericial da origem do projétil

Abstract

This study aims to examine the civil liability of the State for damages to the legal sphere of third parties arising from actions carried out by public security agents, specifically regarding the obligation to compensate victims of stray bullets in situations where forensic investigations are inconclusive. To understand the subject, the concept of civil liability, its historical evolution, the treatment under the Brazilian legal system, the requirements for establishing State liability, and the grounds for its exclusion will be broadly addressed. Subsequently, the issue of public security will be analyzed in light of the high lethality of actions undertaken by the State to ensure public safety, with factual contextualization using statistical data from the Brazilian Public Security Forum and the Fogo Cruzado Institute. In the latter half of the second chapter, the focus will shift to the State’s civil liability in cases of police resistance reports during law enforcement activities that result in illegitimate legal harm to third parties unrelated to State actions. The final section will present an analysis of the rulings under Theme 1.237 of the Brazilian Supreme Court (STF), addressing criticisms of proposed legal theses and the topic’s significance to Brazilian law. This will conclude with a brief investigation into how the Rio de Janeiro Court of Justice has adapted to the theme between 2022 and 2025. The study ultimately proposes adopting a broader interpretation of Theme 1.237 for police-criminal confrontations resulting in civil damages.