RESPONSABILIDADE CIVIL OBJETIVA DO ESTADO POR OMISSÃO E FALHA NA PRESTAÇÃO DE SERVIÇO PÚBLICO

Abstract

This study examines the civil liability of the State, with special emphasis on omission and failure in the provision of public services. It contextualizes Public Administration in its objective and subjective dimensions, highlighting its performance under constitutional principles such as legality, impersonality, morality, publicity, and efficiency. The research aims to analyze the evolution of theories of State liability in order to verify which of them applies to omission and service failure. The methodology adopted is deductive, descriptive, qualitative, and bibliographic, based on the analysis of legislation, doctrine, and case law. The results indicate a prevailing jurisprudential trend towards applying subjective liability in cases of generic omissions, requiring proof of “lack of service,” and objective liability for wrongful acts or specific omissions. The greatest challenge lies in proving causation, since inaction is not a direct cause but rather the absence of an expected action. The study concludes that the complexity of the theme, the lack of consensus, and the evidentiary difficulties make the State’s civil liability for omission a fertile ground for legal debate and refinement, aiming at ensuring effective protection of citizens’ fundamental rights.