THE STATE'S CIVIL LIABILITY IN CASES OF HOMICIDE RESULTING FROM POLICE ACTIVITY

Abstract

This article analyzes the State's civil liability arising from homicides occurring within the scope of police activity, framed by the context of structural lethality in Brazil. Under the 1988 Federal Constitution, it investigates the transition from fault theory to strict liability, based on administrative risk (art. 37, § 6), which waives the need to prove the agent's subjective intent or negligence to establish the duty to compensate. The study addresses the centrality of the right to life as an entrenched clause and the limits of the progressive use of force, emphasizing that lethal force must be used as a ultima ratio. It examines the configuration of “ricochet” moral damages for the victims' families and the possibility of accumulating claims for material damages and pensions, according to art. 948 of the Civil Code. Using bibliographic and documentary methodology, the work analyzes recent jurisprudence from superior courts, focusing on Theme 1237 of the STF. Finally, the article discusses the STJ's two-step method for quantifying damages, seeking to understand how the Judiciary balances the duty of public security with the uncompromising protection of fundamental rights and human dignity.