A INCIDÊNCIA DA RESPONSABILIDADE CIVIL DO ESTADO POR DANOS PROVOCADOS POR TERCEIROS A ALUNOS, COM IDADE INFERIOR A 18 ANOS, MATRICULADOS EM ESCOLAS PÚBLICAS

Abstract

The right to education is a social right that is protected in 1988´s Federal Constitution. Violence is a part of daily life in schools, can be portrayed in different ways and usually reflects the violence witnessed socially. Therefore, when it comes to demand the reparation of a damage suffered in these places, it is necessary to claim the state´s liability, that can be found at the section 37th from Federal Constitution 1988. The theme lacks regulation. According to the common knowledge regarding to state´s liability, there´s no possibility of its recognition when the violent conduct is made by third-party. It turns out that a significant amount of the violence in schools happens because of a third force. The present project aims to know if it´s possible to recognize state´s liability when a third-party is responsible to damage a student, minor, in a public-school building. The methodology used is based on descriptive and exploratory research, in addition to deductive methods, which are fulfilled by bibliographic, documentary, and jurisprudential analysis. The conclusion reached is that there´s a possibility to recognize state´s liability when a third-party is responsible to damage a minor, student in a public school, during school.