Denunciação da lide na responsabilidade civil do estado no CPC/2015

Abstract

With the advent of the New Code of Civil Procedure, which brought changes in the part of the denouncement of the lawsuit that became optional and no longer mandatory, because there was a discussion regarding the applicability of the denouncement in civil liability lawsuits of the State, since the relationship between the State and the public agent is subjective and has as subjective elements the willful misconduct or guilt; on the other hand, the responsibility of the State and the victim is objective and has as elements the causal link of damage and conduct. Then, the claim would add another matter that would require more time for evidentiary instruction and, consequently, more time. Thus, the change in the procedural legislation will be analyzed, pointing out the discussions as to its applicability and whether it brings benefits in its applicability, based on bibliographic and jurisprudential research. Thus it was possible to analyze that the third party intervention depends on the concrete case and that many times its intervention would be contradictory, remaining better not to be applied the denouncement in cases of civil responsibility of the State.