The civil liability of the state by legislative act

The present work seeks to enrich the discussion around the theme “Civil Liability of the State by Legislative Act. Currently, the State can be held liable, not only for acts performed by the Public Administration, but also State civil liability for acts performed by the Legislative Power, even if it is in the performance of their typical activities. Thus, with the theme under research, we seek to identify, through the study of doctrine, legislation and jurisprudence, in a clear and objective way, the necessary elements to outline, as closely as possible, the concepts of the proposed guiding questions. For this, it will seek to analyze the theories that underlie the civil responsibility of the State that were built throughout history; it will also be discussed about the state acts performed by a public agent and, finally, it will be dealt with the civil liability of the State by Legislative Act, recording the State's responsibility not only for acts performed by the Public Administration, but also admitting a State responsibility for acts performed by the Legislative Power, even if it is in the performance of their typical activities. In this scenario, the purpose of this study is not its exhaustion, but the collaboration for a brief analysis of the extent to which the applicability of Civil Liability by Legislative Act in the Brazilian legal system is possible. In order to achieve the purpose proposed in this work, bibliographical research was used as a methodological resource, carried out from the detailed analysis of previously published materials, as well as the study of legislation and jurisprudence that deal with the subject in question.