M0781

ABSTRACT This monograph aims to demonstrate, through theoretical analysis on the topic, discussions about the liability of the State when the provision of their public services.

Although this is already consolidated in the form of administrative risk, if the damages arise from the administration of public service rendered by the Judiciary evil, this still is not in an objective sense by the state. The state superimposed on the figure of the judge, was given the task major duty of applying the law to the case sub judice, "the same situation who receives a responsibility to him to do it the best way possible. If this activity resulting losses that are independent of the participation of the citizens, they may not be felt by them alone, since it is a guiding principle of our law that the wounds should always be felt for damages caused by the wrong committed.

This theme appears to be quite controversial these days, considering that a possible objective civil liability by the state, when issuing court typically acts of nature, necessarily entails a review of the principles that guide the sovereignty of it, as the limits that involve the functional independence of the judiciary, the autonomy of the Judiciary and the certainty of the formation of res judicata. However, given the many demands presented to the Courts to resolve this effect, make necessary that this issue is under discussion at any moment in the legal harvest, with the aim of obtaining an explicit and consistent rules on the subject our legislation, becoming real, thus the ideal of justice advocated by us, which is to guarantee social peace.

Keywords: Jurisdiction- Liability- Sovereignty