A aplicação da norma e os limites da responsabilidade civil dos agentes públicos em hipóteses de erro no judiciário: até que ponto o dano pode ser mensurado?

Abstract

This study analyzes the State’s civil liability arising from errors committed by the Judiciary, examining the legal limits and practical challenges involved in measuring and quantifying non-pecuniary damages. In light of the historical evolution of the State and the consolidation of the Public Administration’s strict liability, as set forth in Article 37, §6, of the Federal Constitution, this study discusses the functional pluralism of the reparatory institution, encompassing its compensatory, punitive, and preventive functions, as well as the centrality of the causal link grounded in the theory of direct and immediate harm. Furthermore, using a deductive and qualitative methodological approach, the study compares a classic historical case of judicial error, the Naves Brothers Case, with the new systemic risks emerging in the digital age, notably biases and a lack of transparency in the use of artificial intelligence in legal decision-making. Moreover, the marked disparity in case law regarding the determination of damages undermines legal certainty, highlighting the urgent need for uniform guidelines from the higher courts and specific regulatory frameworks to define state liability in the face of new technologies.