THE RESPONSIBILITY OF THE STATE IN THE CONDUCT PRACTICED BY MILITARY POLICEMEN IN THE PROMOTION OF THE STATE'S PUBLIC SAFETY ACTIONS

Abstract

The civil liability of the State is the primary tool with regard to repairing damage caused by public servants, in particular, public security agents, in the performance of their duties. Therefore, the objective is to discuss the nuances about the civil liability of the State, more precisely in police actions of public security, under the constitutional bias. To this end, aspects involving state civil liability will be examined, in parallel with damages arising from omissive or commissive conduct by agents during the public activity carried out, referring to public safety. This discussion allows us to understand the limits drawn by the constituent legislator and by the doctrine for the accountability of the State. In order to analyze the effectiveness and importance of these tools, as well as the legal foundations that support them, considering the current national legislation that deals with the subject, the theoretical contribution is constituted from Carvalho (2017), Mazza (2013), Silva (2005), Tartucce (2015). To this end, a detailed study was carried out on each theory of civil liability of the state, starting from the conduct that generated the damage as a preponderant factor for determining the person responsible. The preliminary results that in the establishment of the civil liability of the State, are taken into account the theories of risk and administrative guilt, as well as the occurrence of intent or guilt in the agent's conduct.