Responsabilidade extracontratual do estado por atos jurisdicionais

Abstract

he State, through the activity carried out by its agents, frequently causes consequently, the duty to compensate them for damages the proportion of harmful activity. The jurisdictional activity is contained in the functions of the State, in this way, to the Judiciary, not only in relation to the acts internal administrative procedures, as well as in the practice of functions proper to the function, should the State's Non-contractual Liability rule. While doctrine and jurisprudence are broadened in the sense of recognizing the State's obligation to indemnify public administration in general, the issue of State non-contractual liability for has a very restricted application, some coming to the extreme of considering such a matter extraneous to administrative law. Jurisdiction is the most important of all the institutes of procedural science and the judge, as an enforcer of the law, a figure emerges quite significant, since he is the transmitter of legal values ​​to the people and, in the case the problem takes on gigantic proportions, as the law becomes inadequate to deal with the emerging social conflicts, since such changes occur in a rapid and complex way, being fundamental the protection to the person's assets human.