Algumas questões sobre a responsabilidade civil do Estado por factos lícitos

Abstract

Given the different legal mechanisms that determine the State’s obligation to indemnify from licit facts, several questions arise regarding its legal nature: is this obligation integrated in the institute of civil liability? Or, on the other hand, do those mechanisms represent an obligation to pay the compensation in a different form? Analyzing the constitutional principles in force, the different forms of compensation for licit facts and the provisions of article 16 the of Portuguese Law no. 67/2007, we raise even more questions: Is there civil liability for licit facts emerging from all State’s functions? Certain legal figures provide for the existence of indemnifications following licit facts compatible with the general rules on civil liability. In this way, we can speak of an actual civil liability for licit facts. In addition, we can find in our legal system several examples that show that this type of liability is transversal to all the State’s functions (administrative, legislative and jurisdictional). However, not all cases involving compensation for licit facts have this nature: the indemnification following the sacrifice of private property interests deserves a different qualification, since in such cases the lawfulness of the (harmful) act depends on the prior and a concomitant establishment of the right to compensate.

Date of Award	23 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Mário Aroso de Almeida (Supervisor)