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Título: URBAN VIOLENCE AND STATE OMISSIONS: FROM IRRESPONSIBILITY TO RESPONSIBILITY: AN ANALYSIS OF STATE LIABILITY S TRANSFORMATIONS UNDER THE FUNDAMENTAL RIGHTS THEORY
Autor: FELIPE PEIXOTO BRAGA NETTO
Colaborador(es): CAITLIN SAMPAIO MULHOLLAND - Orientador
Catalogação: 04/JAN/2018 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=32558&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=32558&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.32558
Resumo:
Urban violence and State omissions: from irresponsibility to responsibility - an analysis of State liability s transformations under the Fundamental Rights theory investigates the courses of State liability, especially in the omission way, connecting the problem to urban violence issue. Although State liability (regardless of guilt) has already been part of the Brazilian constitutional tradition for decades, there are scarce theoretical inquiries - as well as judicial decisions - that make the State civilly liable for the damages suffered by citizens resulting from urban violence (we can say that although State strict liability has been part of the Brazilian constitutional tradition for many decades, the interpretative consequences have not yet been adequately developed). The thesis, in this context, critically analyzes the Brazilian jurisprudence about the problem, pointing out flaws of coherence and possible lack of theoretical consistency of conventional mental standard about the subject. Today, the urban violence, although constitutionally connected to state functions (no one doubts that the duty to provide public security is a state duty), is a no one territory, in regard to juridical assumption of risks, particularly in what concern State liability. The research questions the existence of a network of normative and conceptual connections that allow us to rethink the problem in these first 21st century decades (we must remember that, in contemporary societies, there is a constant reassessment about the risks that are socially acceptable, as well as dynamic reassessment about who are responsible for them). Finally, we aim to construct a theoretical model for State liability by omission in urban violence cases, based on conceptual categories of aggravated strict liability and internal fortuitous event.
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