Foundations of the Civil Liability of the State

Abstract

Foundations of State liability has become a topic that deserves further study in Brazilian doctrine. In general, doctrine is limited to invoking equality and fair distribution of social security contributions for cases of liability for lawful acts. In cases of unlawful acts, the appointed foundation is the principle of legality. However, there are more complex situations (like the cases of liability for omissions) where mere invocation of these traditional foundations have not shown to be sufficient or useful. Based on the results of bibliographic and jurisprudential surveys, we seek to: a) explain what the shortcomings of the traditional formulation are and b) verify if it is possible to update and\or upgrade the theoretical foundations of State liability in order to better frame such subject regarding the prominent constitutional dimension attributed to fundamental rights.

Keywords

• Responsabilidade civil do estado, Responsabilidade civil por omissão, Fundamentos da responsabilidade