A responsabilidade civil do estado enquanto sócio controlador de sociedade de economia mista

Abstract

The present work will address the Civil Responsibility of the State applied to the controlling shareholder of the Mixed Economy Society. More specifically, it will analyze what acts of the controlling shareholder, in the case of the Public Administration, are capable of generating damage to the state enterprise that would lead to the State's civil responsibility. It begins by addressing the particularities of mixed-capital companies, highlighting the role of the state as controlling partner of the company. Then the State's responsibility in the performance of this controlling role will be addressed, especially that derived from the abuse of power of this entity of the company. The study will be guided by the Brazilian Legal Order, being guiding art. 37 of the Brazilian Federal Constitution and articles 186 and 187, both of the Civil Code. The methodology adopted will be qualitative research, with a legal-comprehensive character, using bibliographical, documentary and legal-positive analysis, with emphasis on legislative and jurisprudential sources.