CIVIL LIABILITY OF THE STATE FOR ACTS COMMITTED BY DELEGATES OF EXTRAJUDICIAL SERVICES IN LIGHT OF THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT

Abstract

The core of this article is the approach to jurisprudential divergence and the position of the National Supreme Court regarding the configuration and legal nature of the civil liability of the State for acts performed by delegates of extrajudicial services, notary public and registration officers, that is, whether there is State responsibility and what is its nature and classification. It also intends to analyze the need to prove the subjective and objective elements, correlating with the State's responsibility for acts performed by other public agents and the provisions and guarantees of the Constitution of the Federative Republic of Brazil of 1988, in addition to analyzing the decision issued by the Federal Supreme Court in the Direct Action of Unconstitutionality nº and its doctrinal repercussions.