THE CIVIL LIABILITY OF THE STATE FOR ADMINISTRATIVE ACTS: LIMITS, ASSUMPTIONS, AND CHALLENGES FROM THE PERSPECTIVE OF BRAZILIAN ADMINISTRATIVE LAW

Abstract

The State’s civil liability for lawful administrative acts is one of the most relevant and controversial topics in contemporary Administrative Law. Although State action is guided by legality and the supremacy of the public interest, certain administrative conduct, even when lawful, may cause significant harm to individuals. In this context, the main objective of this research is to analyze the foundations, assumptions, and limits of the State’s civil liability for lawful administrative acts in light of the 1988 Federal Constitution, prevailing legal doctrine, and the jurisprudence of Brazil’s higher courts (STF and STJ). The methodology adopted is qualitative, based on bibliographic review and documentary analysis of judicial decisions issued from the promulgation of the 1988 Constitution to the year 2025. The materials consulted include books, scientific articles, specialized journals, judicial rulings, and normative documents. As inclusion criteria, priority is given to texts published in Portuguese between 1988 and 2025, with recognized academic relevance and free or institutional access. The research seeks to identify the conditions under which the State may be held objectively liable for damages arising from lawful acts, based on the theory of administrative risk, as well as to evaluate the legal and social impacts of such liability. It is expected that the results will contribute to a critical understanding of the balance between the duty to compensate and the constitutional principles of Public Administration, promoting greater legal certainty and the effectiveness of citizens’ fundamental rights.