A responsabilidade civil do estado por omissão no dever de fiscalização urbanística: análise do caso do edifício Andrea

Abstract

This paper analyzes the civil liability of the State arising from omission in the duty of urban oversight, in light of Article 37, § 6, of the 1988 Federal Constitution, with a special focus on the collapse of the Andrea Building, which occurred in Fortaleza. It starts from the understanding that, although the Brazilian legal system establishes the objective liability of the State, significant doctrinal and jurisprudential controversies persist regarding its application in cases of administrative omission, especially concerning the distinction between objective and subjective liability. The study examines the historical and theoretical foundations of state civil liability, as well as the structuring elements of liability for omission, highlighting the differentiation between generic omission and specific omission. In the specific case analyzed, there is municipal legislation requiring the Public Authorities to carry out periodic inspections and oversight of buildings, which indicates a possible failure to fulfill a specific legal duty. The lack of supervision and adequate preventive measures points to a significant state omission, which can give rise to the municipality's civil liability for damages resulting from the collapse. The methodology employed is deductive, with a qualitative approach, based on bibliographic and documentary research, involving the analysis of doctrine, legislation, and relevant judicial decisions, and applying theoretical concepts to the study of the Andrea Building case. It is concluded that civil liability of the State for municipal omission serves as an essential instrument for protecting the community, preventing risks, and ensuring the principles of the Democratic Rule of Law.