Responsibility and guilty of the public entity in connection with the damages suffered by its agents during the exercise of the function

Abstract

The State responds objectively when the harmful fact does not require demonstration of guilt or self-blame, instead, it would be set up subjectively, where the agent in the course of their duties, suffered the damage, but should verify the facts . The rights and guarantees of forward agents to acts suffered during the function would all be embedded in the constitutional principles governing the Constitution of 1988. Thus all the damage would be liable to compensation regardless of classification, ie, regardless of the technical name damage, if it was demonstrated, all would be reimbursed in the form of cash. The applicability of the reservation as possible, the state could not file, or even be inert against liability to indemnify the affected agent of damage suffered on the job. The compensation should be borne by the State and earned as indemnifying way through Requisition payment Small Value or case reached the maximum ceiling in the form of rogato ry, however belonging to food claim. Undoubtedly, pregnancy and birth for studies and research problem research had been used the general deductive method of approach to the specific, working with technical literature reviews, and understanding taken from poring theses and built for years of knowledge the most renowned Brazilian and foreign authors of constitutional law, administrative law and also civil law. Thus the technique to be presented, was to explore and rank masterfully so that you can reach the technical foundation in the science of law branch, looking every moment a science supported by the Constitution and spun off into its Constitutional Principles.