ANALYSIS OF THE STATE'S CIVIL LIABILITY FOR LEGAL ERRORS: JUSTICE, REPARATION AND LEGAL GUARANTEES

Abstract

The civil liability of the State for judicial errors is one of the most relevant and controversial topics in Administrative and Constitutional Law, since the analysis of this legal institute gains special importance in view of the need to ensure justice, compensation for damages, and guarantee fundamental rights. This study aimed to analyze the civil liability of the State for judicial errors, highlighting its constitutional, doctrinal, and jurisprudential foundations, focusing on the legal consequences of wrongful imprisonment, the enforcement of the right to compensation, and the practical challenges of full reparation. A qualitative and exploratory approach was used, based on a bibliographic and documentary review. Scientific articles, court decisions, and legislation published between 2021 and 2025 were analyzed. The descriptors used included terms such as "judicial error," "civil liability of the State," and "illegal imprisonment." The study revealed that, despite the constitutional provision for the objective liability of the State, the practice still requires, in many cases, proof of intent or gross error for compensation purposes. The analysis showed that judicial errors, especially wrongful imprisonment, result in significant moral and existential damages, requiring an efficient and humane response from the State. It was observed that the concept of error goes beyond formal judicial failure, also encompassing administrative omissions and procedural delays. It is concluded that State liability for judicial error should be expanded and applied based on human dignity, reasonable duration of the process and the right to full compensation.