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The responsibility of the State front the error jurisdictional

Grant number: 12/15433-7
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): January 01, 2013
Effective date (End): December 31, 2013
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal Investigator:Kelly Cristina Canela
Grantee:Fernanda Gomes de Oliveira
Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil


This research wishes to analyze, in the light of doctrinal interpretation and Brazilian legislation, the responsibility of the State in the face of jurisdictional errors. The goal, first, is to make a brief history of state responsibility in front of the exercise of jurisdiction in order to understand the differences between the responsibility given to the State formerly and the responsibility conferred on it today. Secondly, we will study the civil responsibility of magistrates making a parallel with the responsibility of the State with the consequences of bad decisions in the exercise of judicial functions. Finally, we analyze the implications of objective responsibility state when there are mistakes in judgments and indemnification for these damages. (AU)

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