Responsabilidade civil do corpo técnico jurídico responsável pela emissão de pareceres fundamentadores dos contratos públicos

Abstract

With the present work, the objective was to analyze elements that give rise to the civil liability of the legal technical staff, in order to clarify the basis on which this responsibility arises in cases of issuing legal opinions that support public contracts, a topic of great relevance in specialized doctrine, and in jurisprudence, arousing interest in understanding the most diverse branches of law. A qualitative research method was adopted with an eminently descriptive approach, starting from legal premises and doctrinal positions to later analyze jurisprudential data and operate the final considerations. Therefore, the work was divided into five chapters, starting with the study of the concept of responsibility, both in the civil sphere and in the Constitutional field. Next, the legal nature of the concept of guilt was analyzed, as well as the issue of gross error, followed by an approach to Law 13.655/2018, in a detailed way, to its article 28, which deals with the responsibility of the public agent and article 53 of Law 14.133/2021, which deals with prior control of legality by the legal advisory body. In the sequence, the conceptualization of public agents was presented, outlining the importance of the legal technical staff and the founding opinion of public contracts. Therefore, it entered the study of jurisprudential decisions about the civil liability of the legal expert. As a decisive understanding and unison statement is being established, which is based on legal objectivity instead of abundant subjectivity criteria, this clarification is of fundamental importance so that lawyers who come in some way to establish a bond with the administration can play with safely carry out their advisory functions, without the fear of being held civilly liable, for their proactive action in pursuit of a better opinion suggestion issued.