CIVIL RESPONSIBILITY OF THE STATE: BRIEF OVERVIEW OF BRAZILIAN LAW

For the last century, civil responsibility, which before used to be based on the agent’s guilt, little by little has been reorganizing since its premises to its reach. In Brazil, after the 1988’s Constitution, all legal order was reorganized and given new interpretation through its principles. A section of Civil Law that was greatly changed with the vision through constitutional principles was the one of civil responsibility, which changed the measurement of the guilt for the risk theory as a rule. Therefore, the government now also answers for its agent’s acts, no matter if they are guilty, and theirs actions must always be based on the principles of legality, impersonality, morality, publicity and efficiency, as stated in the article 37, caput, of Federal Constitution. That being said, it’s necessary a new behavior from the governors, from the agents, as well as from the citizens. This text intends to show an overview about the evolution of the Government’s Civil Responsibility, before social expectations and needs that come with modern times, its premises and exclusiveness.