A responsabilidade do Estado por acidentes de trânsito causados pelas más condições das vias

Abstract

The present study is the analysis about the responsibility of the state in traffic accidents caused by poor condition of the tracks because of the lack of service or the omission of even keeping the highways maintained without holes, depressions or lack of adequate signage. For this, we analyzed two positions that differ both in doctrine and in jurisprudence, namely, the application of strict liability, governed by the theory of administrative risk, based on Article 37, § 6 of the Federal Constitution, which requires no proof of guilt or demonstration of the lack of state service, just by the existence of a causal link between the State's conduct and the harm suffered by the victim, or the application of subjective responsibility governed by the theory of fault management, configuration is necessary for such theory that the victim prove that the Government did not work, malfunctioned or late, when he had a legal duty to act. However, it will see that the State liability can be excluded, in whole or in part, simply place one of the causes of exclusive responsibility to relieve the government of the indemnity obligation. In this step, it is emphasized that the development of this literature will be used the dialectical method, which is more appropriate to the compilation of this research.