Coisa de ninguém : a responsabilidade civil do agente público na nova LINDB em face dos direitos fundamentais

• Ano de defesa: 2021
• Autor(a) principal: Fernandes Filho, Amaury Reis
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Mato Grosso; Brasil; Faculdade de Direito (FD); UFMT CUC - Cuiabá; Programa de Pós-Graduação em Direito
• Palavras-chave em Português: Direito; Agente público; LINDB; Responsabilidade civil; Constitucionalidade; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Law; Public agents; Civil liability; Introduction law to brazilian right; Constitutionality
• Link de acesso: http://ri.ufmt.br/handle/1/4548

In 2018, it was included in the text of the Introduction Law To Brazilian Right (hereby LINDB) the article 28 which innovated by bringing the civil responsibility to the public agents, for their decisions or technical opinions, more benign and distinctive from the traditional forms seen in the Federal Constitution and in the Civil Code. Moreover, the new legal device brought in its body elements of open texture and that can have a variable significance, such as: "liability", "personal", "gross error", that demand reflection in order to obtain its real meaning and its impacts on the duty to repair damages suffered by the Public Administration and, indirectly, by the collective it represents. In a national scenario of underdevelopment, the main objective of the research is to analyze the constitutionality of article 28 of the LINDB and its potential to offend the fundamental rights. Therefore, the problem is proposed: the article 28 of the LINDB, by mitigating the victim's right to reparation by Public Administration for injury perpetrated by its own agents, can offend fundamental rights? Consisting of three chapters, the first seeks to look at the past and to find out if the institute represents involution in the field of civil liability, as well as its inspiration for creation; in the second, it seeks to deepen the meaning of the institute and its possible impacts on the civil responsibility of the public agent; in the third, the new way of thinking about civil liability is investigated in light of the Federal Constitution of 1988 and fundamental rights. In addition to the significance of article 28 of the LINDB and its effects on administrative activity, the research reveals the incompatibility of the new rule with the Federal Constitution of 1988 and its negative impact on the implementation of fundamental rights. The dialectical method was used, and also resorted to bibliographic study and the document analysis.