O regresso como direito subjetivo do agente público e a questão da (im)possibilidade de inclusão direta na lide

Abstract

This monograph studies the State's civil liability regime before the constitutional institute of regressive action. Therefore, the objective of this work is to understand this regressive action as a fundamental right of the public agent, whether or not it can be included, since now on, in the litigation, according to the technique of procedural economy, materializing the principle of celerity as the rights of the victim. In this sense, the first chapter brought concepts, characteristics and requirements of the State's civil liability, the second studied the fundamental rights of the public agent, as well as their subjective responsibility and the third presented elements that made it possible to interpret the inclusion of the state agent in the dispute. Theoretical research and the deductive method were used to construct this monograph. It is concluded that there was an understanding that the return action, under the terms of the Federal Constitution, represents, as a legal nature, the protection of the state agent in the exercise of its activities. Thus, making its direct inclusion in the dispute impossible, as a procedural economy technique.