Estudo da responsabilidade civil do Estado e sua aplicação no dano ocasionado por preso foragido

Abstract

This research seeks to present the most relevant points about the responsibility of the State by applying it concretely in cases where fugitives commit crimes. The objectives of this research, therefore, were to analyze the decisions of the Supreme Federal Court (STF) and the courts of second degree public liability for damages caused by demarcate the points of conflict in the doctrine, and define what will be the challenges that the supreme court must face in judging the merits of the Appeal Extraordinary 608,880 / MT. The method used was the dialectic confronting different doctrinal and jurisprudential positions in order to achieve the objectives of the research whose nature is qualitative. In the first chapter the general assumptions of civil liability with a focus on the duty to make reparation of the State. In the second chapter some theories, and a brief historical evolution of the responsibility of the State, disagreements over omissive acts State, and then a study of the causal link. Finally, in the Civil liability was applied to cases of committed by fugitive prisoners. It was therefore concluded that the Supreme Court The Federal Government treats the temporal and geographical criteria with little relevance decisions on the subject and only assigns civil liability to the State before repeated escapes of the inmate. It was found that secondary courts of some states tend to use the time criterion as an element to the civil liability of the State when the damage occurs after more than one month of escape and doctrine overrides the geographical criterion. Therefore, in the judgment of the merit of Extraordinary Appeal 608.880 / MT, in which Repercussion was recognized General of the topic, the STF will have the challenge of facing all these divergences existing.