Civil responsibility of the State: legal analysis in public tenders

This is a review article, using the Academic Gloogle and SciELO databases to survey the works consulted, in addition to JusBrasil for legal consultation. The objective is to understand the legal aspects involved in the application of the objective responsibility of the State in public tenders, as well as to analyze the application of the law by the judiciary and its specifications. With what its agents are responsible for this Democratic State of law, for the State's responsibility acts are caused by third parties. The first idea was the theory of administrative irresponsibility, that is, the State is not responsible for its harmful acts; a subjective theory emerged, as it proved the damage or guilt in the conduct of the agent causing the damage; necessary, the theory of fault of the service emerged, developing the individual who suffered the damage even if the service was provided in an inefficient way or with the right type of error, not being verified the intention of the causative agent; and the planned, administrative risk, should the particular, be just three requirements, so the causer, the conduct of the agent and the nexus of cause and effect. In this sense, the investiture in public charge will be approved in a public tender and selection process, aiming at the application of impartiality and isonomy between candidates for the vacancy, however, it happens that due to inefficiency of the administration or zeal, flaws occur in the preparation and execution of the steps of the right, which gives rise to the duty to indemnify the individual on the part of the public administration. Annulment acts in public tender are recurrent, as it will be, due to ineffectiveness in the development and observation of the observed rules of each load, which, in view, gives rise to the duty to indemnify. Despite a public contest, the appointment in public, when this will be an interference in the private sphere of the individual, will obviously cause extra-patrimonial damage that must be identified as a change in the positioning of the courts . Regardless of the damage of the damage, it must be compensated, however, if there is damage of the state entity, nexus between them, occasion or duty of size.