A responsabilidade civil do estado por atos jurisdicionais
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Date
2019-02-09
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Publisher
Universidade Catolica de Salvador
Abstract
The present paper deals with civil liability of State by damages caused by judicial acts, considering the national literature and the jurisprudence of the Court of Justice of the State of Bahia, in order to investigate the admissibility and the extent to which liability of the State by jurisdictional activity in Brazilian law. As for the methodology, the instruments of literature revision and case study were used, in the context of which 14 judgments of that Court were analyzed, after 2010. The result of the analysis of the jurisprudence of the Court of Justice of the State of Bahia reflects the duality of positions found in literature research, with a predominance of understanding that tends to restrict the hypotheses of State accountability by jurisdictional acts to those inserted in art. 5º, LXXV, of the Federal Constitution, understanding the judicial error as a judicial pronouncement of deceit, fraud or serious guilt, applying, therefore, the postulates of subjective liability.
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Keywords
Responsabilidade Civil, Estado, Atos jurisdicionais, Erro judiciário, Civil liability, State, Jurisdictional acts, Judicial error