Responsabilidade civil do estado por omissão no dever de garantir a segurança pública

Abstract

This study aims to analyze whether it is possible for the State to be held liable for damages caused by omissions in its constitutional duty to ensure public safety and, if so, under what circumstances this would be possible. To accomplish this goal, it begins with brief explanations of basic notions and concepts of civil duties, focusing on its key assumptions, exploring later the origin and development of the State and the evolution of its civil accountability. Then, we investigate the theories that form the foundation of the State’s civil duties and which of those theories has been adopted in Brazil. Moreover, this study examines the possibility that the State’s failure to act - causing damage to individuals – creates an objective duty, as well as the validity of the relief from liability known as the "intervening act by a third party" in cases of damage caused by State omission. Finally, we draw an overview of the State's duty to effectively ensure public safety, as stipulated in the 1988 Federal Constitution, verifying to what extent the poor performance of that public service can be considered sufficient to generate a causal link between State inaction and any losses suffered by individuals, giving rise to the State’s duty to indemnify.