Abstract
In this paper, the authors investigated the liability of the state in the Brazilian legal system. To do so, it addresses the different meanings which the word “liability” is used in the Brazilian Federal Constitution of 1988. Moreover, it seeks to grant the State’s Property Liability the logical status of a legal rule. Based on this conception, several consequences were analyzed, especially regarding the provisions of article 37, paragraph 6, of the Brazilian Federal Constitution of 1988 and its sanctioning nature in the system, for the purpose of redressing the violated property.
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