THE PUBLIC POWER CIVIL RESPONSIBILITY MUTATION AND THE “UNCONSTITUTIONAL STATE OF AFFAIRS

Abstract

With this article, we aim to highlight the evolution of the State’s civil responsibility legal institute and, besides, to check the possibility of its application in the “unconstitutional state of affairs” (USA), a theme that is so important to the Brazilian people that for time and time again have their basic rights violated, with no response from the Public Power. Having in mind the many Brazilian jurisprudential decisions it is observed that it has leading to an alteration of the subjective responsibility theory into objective even in the omitted cases. The present study had been done using the inductive deductive method through theoretical research doing bibliographical revisions of journals and doctrines as well as actual jurisprudences analysis from the Superior Courts. The study will begin speaking of the whole civil responsibility historical path, since the monarch eras until the present time, furthermore we will talk about the basic concepts and the responsibility theories adopted by our system, then we will move on to the analysis of the mutation occurred in the studied institute, due to the jurisprudential advances, and then we will briefly talk about the USA, today known in the Brazilian prison system and following we will try to find out the possibility of the civil responsibility application in these circumstances too, assuring to the particulars more efficient ways before the atrocities committed by the Public Power, including in the USA.