Fundamentos jurídicos da responsabilidade civil dos agentes públicos pela ineficiência administrativa

Vollständiger Abstract

Worum geht es in dieser Arbeit?

The grounds of State civil liability remain a subject requiring further doctrinal development in Angolan legal scholarship. Generally, studies are limited to invoking the principles of equality and fair distribution of social burdens in cases involving lawful acts, and the principle of legality in cases involving unlawful acts. However, more complex situations arise from actions or omissions by public agents that result in administrative inefficiency, in which traditional grounds prove insufficient to fully explain or justify liability. Based on the central question of which legal grounds legitimise the civil liability of public agents for administrative inefficiency, this article aims to analyse the legal provisions establishing such liability and to propose mechanisms for strengthening a culture of efficiency within Angolan public administration. The research adopts a qualitative approach, based on doctrinal and normative analysis, focusing on the elements of civil liability— objective and subjective liability—the agent's conduct, causation and the damage caused. Efficiency is regarded as a structural principle of Public Administration, whose breach, whether by action or omission, may give rise to a duty to compensate, particularly when it compromises the functioning of public services and the rights of citizens.