Direito da responsabilidade civil extracontratual administrativa: questões essenciais

This book has a primarily pedagogical intention in its genesis, but it is not intended just for students – or at least for typical students.
The decision to write it resulted from the lack of a text that explains to practitioners and scholars, in a synthetic way, about the system of accountability for the administrative function introduced by Law 67/2007, of December 31, and in force for more than of a decade. The target audience is, therefore, students – especially master's and doctoral students – and legal professionals, especially legal practitioners.
For more than a decade, we have dedicated ourselves, in different dimensions, to reflecting on the problems that state accountability involves, either by promoting exhibition and debate events, or by organising a book of comments on the regime approved by Law 67/2007 (together with Tiago Serrão), or writing about more or less particular aspects of the system.
We have now decided to join our efforts around the construction of a text that aims to contribute to the theorization of the responsibility of the administrative function based on data from the current regime, with a simultaneously systematic and analytical vision and assuming a synthetic but also reflective stance.
The book is divided into six chapters: Chapter I, introductory, dedicated to general aspects (constitutional matrix, scope of application, obligation to compensate, prescription and duty to return); Chapter II, which focuses on liability for unlawful acts, going through the five classic assumptions and focusing on two problematic points (omissions and loss of chance); Chapter III, which analyzes responsibility for risk (assumptions and causes of reduction and exclusion); Chapter IV, in which we reflect on the ambiguous figure of compensation for sacrifice; Chapter V, focusing on causes of exclusion and reduction and third-party facts; and, finally, Chapter VI, which deals with some aspects of the administrative litigation of the State's extra-contractual civil liability, in particular on the procedural assumptions of the three actions it involves – implementation of responsibility; awarding compensation for sacrifice; and return actions. At the end of each chapter, some case law particularly relevant to the topics analyzed is indicated, preferably recent.
The book also has a selection of works dedicated to the topic of responsibility due to the administrative function, in which we intend to list the main references of national doctrine and some doctrinal references of the legal systems that are closest to us, in matrix or in comparative influence.
We thank AAFDL for making it available to publish another work on public law and we now hope that this book makes its way to readers.