STATE CIVIL LIABILITY FOR OMISSIONS IN PUBLIC SECURITY: CRITERIA FOR HOLDING THE STATE LIABLE AND IMPACTS ON PUBLIC MANAGEMENT

Abstract

This article analyzes the civil liability of the State for omissions in the provision of public security services by examining the legal criteria for State liability adopted by Brazilian legal doctrine and the jurisprudence of the higher courts. The study employs a qualitative approach based on bibliographical and documentary research, drawing on the Federal Constitution, statutory legislation, and decisions of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). The discussion focuses on the distinction between general omission and specific omission, as well as on the legal criteria for attributing State liability. The findings indicate that, although subjective liability remains the general rule for omissions, recent case law has recognized objective liability where there is a specific legal duty to act and a direct causal link between the omission and the damage. It is concluded that the definition of these legal criteria affects not only the duty to compensate but also administrative planning, the improvement of public security policies, and the adoption of preventive measures, requiring a balance between the protection of fundamental rights, legal certainty, and the efficiency of public administration.