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

Abstract

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)