Responsabilidade civil do Estado por atos do Judiciário

Abstract

The liability of the state emerged from the moment that solidified the idea of the need for compensation for damage caused by the practice of their various activities. So after a long evolution began with the theory of irresponsible acts by the king, came to the theory of administrative risk, under which modern states have adopted the objective liability. Setting up such liability on unnecessary to prove the guilt, which as a public official, cause damage to individuals. But when it comes to damage caused by the judiciary in its function judging, set up in many different positions and doctrinal praetorian. Nevertheless, it would appear, based on the evolution of the institute and the trend, though shy of the modern doctrine in order to recognize the objective responsibility of the State in respect of such acts, considering the possibility of the Judiciary in its typical function, causing damage to third parties, such as the judicial error, deceit or fraud of the judge and even the delay in adjudication. It is for the state, with a view to solve this impasse, can consider the need to ensure the independence of the judiciary with the requirement to compensate individuals for damage caused by that.