O regime jurídico da responsabilidade pelo risco do Estado e demais entidades públicas

Abstract

We live in a community marked by the industrial, technological and scientific development, which originates an endless number of risks whose harmful potential is unimaginable. The theme of extra-contractual civil responsibility for the risk is then relevant due to the society of current risk. The present investigation approaches the juridical regime of the responsibility for the risk of the State and other public entities who answer for the current damages of activities, things or services especially dangerous. The involving problem in this study, does not exemption the comparison of the previous regime (art. 8. º DL 48 051) with the current (art. 11. º of the Law 67/2007 - RRCEE) in the measure that we tried to highlight the generosity of the legislator when foreseeing an expressed aggrandizement on the extent of the responsibility for the risk, which can burden the treasury strongly. And, due to the deep economic crisis lived in our days, this reflection seems to be of greatest importance in the measure that, citizen- harmed was benefit with the new regime, while the citizen-taxpayer was lose it with such gap.

Date of Award	31 Oct 2016
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Marta Portocarrero (Supervisor)