O regime estabelecido pelo legislador para a responsabilidade civil extracontratual do Estado e demais entidades públicas no exercício da função legislativa

: omissões no regime da responsabilidade por omissão

Abstract

This master’s thesis aims to analyse the non-contractual civil liability of the legislator, according to the current Portuguese law. Our main goal is to prove that the law that lays down the system for the non-contractual civil liability of the State and other public bodies – the RRCEE - does not respect, in several aspects, the Portuguese Constitution. If it is not too ambitious, we would also like to demonstrate that even the Portuguese Constitution is imperfect. Allow us to explain why: we understand and acknowledge the fact that no Constitution is perfect. Nonetheless, some of its imperfections may cause serious damages to Portuguese citizens. First, we will study the central theme and its main characteristics. For this purpose, we will focus on the previous and current legislation. From our point of view, the main problem is the lack of legislation that is needed, which is claimed by our Constitution. In fact, it has been claimed for many years. For this reason, questions are raised, problems arise and ultimately, people suffer damages. We can say those damages are caused by the legislator's deficient action or, simply, by his silence. Following the teachings of some of the most respected scholars, presenting our own critiques and stating our own points of view, we believe that we will be able to confirm and validate our initial stance. Finally, we will offer our own solution for the problems we have mentioned above, which involves taking a step back in order to go forward. New legislation is required and, in order to do so, we will modestly present our legislative amendment.

Date of Award	12 Jul 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina Santos Botelho (Supervisor)