RESPONSABILIDADE DO ESTADO, DIREITO DE REGRESSO E TEORIA DA DESCONSIDERA？？O DA PERSONALIDADE JURíDICA

This essay aims to understand the right of redress as enshrined in the Constitution and how it can be effectively applied. The practical relevance of the study concerns the fact that the right of redress is a power-duty of the State, in this matter means the right to demand from the person who caused the damage (to the individual) the return of the amount that the Treasury had to advance to the victim of the action or omission of the cause. Given the absence of precise rules on the matter, it is necessary to extract hermeneutically from article 37, paragraph 6 of the Constitution and from the infraconstitutional legislation alternatives of practical action, such as the filing of an ordinary return action that discusses the disregard of the legal personality of defaulting companies. In order to achieve the objective, it was established what is meant by liability from a civilian perspective and from a constitutional perspective, only to describe the appropriate administrative and judicial procedures. The path (method) chosen was the deductive. The procedure adopted was to compare Brazilian normative texts and doctrinal works of national and foreign jurists working on the subject of civil liability of the State. The conclusions point to the use of administrative and jurisdictional procedures to achieve the equity of the managing partner, under the argument of disregarding the legal personality, as well as imposing administrative sanctions on those who, in breach of contractual and legal obligations, caused damage to the Public Administration.