CIVIL LIABILITY OF THE STATE: THE APPLICATION OF THE FULL RISK THEORY

AN ANALYSIS OF THE APPLICATION OF THE THEORY OF FULL RISK IN THE CIVIL LIABILITY OF THE STATE IN BRAZIL

Abstract

State civil liability is a current and complex topic, requiring a detailed analysis of its historical evolution, foundations, types, and assumptions. The State's actions through the exercise of its constitutional and legal functions sometimes result in harm to third parties. Therefore, it is essential to analyze the State's civil liability and the theories that underlie it, particularly the theory of strict liability, which has been increasingly used in Brazilian jurisprudence. In this context, the main objective of this paper is to understand the history of State civil liability, its types and application scenarios, its assumptions, and the theories that influence its occurrence in concrete cases. To achieve this, the research will be based on bibliographic sources such as books, scientific articles, and case law related to the topic. From this perspective, the data analysis will focus on identifying and categorizing the information obtained from the used bibliographic references, which will be responsible for the development of the results and conclusions of the paper.