Responsabilidade civil do Estado : é justa a responsabilidade objetiva para a administração pública, já que sua finalidade é a consecução do bem comum?

Abstract

This study "Civil Liability of the State: Is it fair the objective liability for Public Administration, since its purpose is the Attainment of the Common Good?" has as objective to verify, through study and legal grounds, and ask if it is fair the prediction of objective liability for Public Administration. Went developed through doctrinal and jurisprudential analysis of the criteria of justice which underlie the adoption of strict liability for the state, as well as a study on the historical evolution of the various theories of liability. When you preclude the state obligation to indemnify if proven the exclusive fault of the victim and have it diminished if it is established managed-proved competitor guilt, and exclude it in cases of force majeure, unforeseeable circumstances and third act, if that strict liability state based on the theory of administrative risk is the one with the most character of justice. Its adoption has as grounds justifying the allocation isonomic losses, according to the distributive justice criteria, and the legal and economic inequality between the individual and the state.