REDEFININDO A RESPONSABILIDADE ESTATAL POR ATOS NORMATIVOS DE EFEITO LESIVO

This article examines the civil liability of the State for normative acts that, although issued under the appearance of legality, produce concrete harm to individuals or groups. From a constitutional-legal perspective, it proposes a redefinition of harmful state action and omission, emphasizing the need to ensure reparation even when damage arises from abstract rules, such as laws or decrees, whose enforcement results in unjust or disproportionate consequences. The analysis is grounded in recent jurisprudence and contemporary legal doctrine on the duty to compensate and the limits of the State’s normative power.