A responsabilidade civil do Estado: uma análise das condutas omissivas de seus agentes

Abstract

This paper deals with the state's civil liability institute, in particular, makes an analysis about the omissive conduct of its agents. The purpose of this research is to present to the reader the most dominant doctrines and jurisprudence, most accepted and applied in the various situations in which the state, through its agents, omitted to provide the state service. The idea was to present the theme through a deepening of the theme, through the institute of civil responsibility, later by the civil responsibility of the state and ending in the civil liability of the state in the face of the omissive conduct of its agents. The method used for this work is the dogmatic analysis of the theme, that is, a bibliographical review was carried out in the main doctrines of the country, as well as in the higher courts. The idea was to clarify the question of the role and responsibility of the state, when it, instead of performing its benefits, incurs negligence, malpractice, recklessness, lack or even a poor performance of the services due to them. In the end, one arrives at the result of the most dominant jurisprudences on the subject, that is, it concludes by bringing to the fore the majority view of the Federal Supreme Court, as well as the Superior Court of Justice - understandings which, although they are distinct which is one of the problems exposed in the research) are replicated by a large number of legal operators. Finally, it is concluded that there will currently be two positions with regard to the institute of state responsibility in omissive conduct in Brazil. The first, classical doctrine and Superior Court of Justice, which considers responsibility to be a subjective institute, administrative guilt theory; and the second, present in the Federal Supreme Court, which considers that the same state responsibility is an objective institute, administrative risk theory.