A RESPONSABILIDADE CIVIL DO ESTADO FRENTE AO ERRO JUDICIÁRIO

Abstract

This study examines the civil liability of the State in the face of judicial errors, investigating the thoughts outlined by doctrine and also by jurisprudence. In this perspective, in the case of a case of judicial error, it will be up to the State, as long as the damage and the causal link are manifested, to restore the homeland order, through fair reparation to the individual who feels offended. Thus, the main objective of this study is to discuss the State's civil liability, addressing the errors generated by both judicial and jurisdictional acts. In this sense, the methodology chosen was the bibliographic review based on authors such as Mello (2013) Carvalho Filho (2017), Di Pietro (2010), and Diniz (2010). In the end, it was concluded that the State is responsible for being responsible for the illegalities practiced by public agents, so for the purpose of reimbursement, it is enough to prove the concrete injury and the link between the wrongdoing and the conduct of the public agent, competing action for the return of the State about the agent who committed the injury. That said, it ends by noting that the indemnity, in addition to having a compensatory nature, needs to have a punitive and discouraging nature, aiming at an understanding of public agents so as not to incur errors, which not only tolerate and hurt the freedom of the offended, however his probity and dignity almost insanely, aiming at no time to subject an innocent person to such a suffering and degrading state of life.