The Constitution and the Civil Liability of the State

Abstract

In this article, the author analyzes, based on a historical digression to the Constitutions of the 19th century, the advances in Portuguese legislation, emphasizing, in particular, the content expressed in art. 22 of the 1976 legal diploma, referring to the civil liability of the State, in the face of illicit actions and omissions practiced in the exercise of Public Administration. The desired ideal, in view of the improvement of constitutional resources, motivated by the Rule of Law, is the safeguarding of the rights of citizens of any nature, admitting the solidarity of the State as a solution for conflicts of this nature.