Civil liability for judicial acts: legislative evolution in Italy and Brazil

Abstract

The civil liability for judicial acts done in the exercise of the jurisdictional function is admitted because of judicial error, in cases of acts committed intentionally or with fraud, as well as imprisonment beyond the time fixed in the judicial decision. It has been since the Civil Procedure Code of 1939 inspired by the Civil Procedure Code of the Kingdom of Italy of 1865. Under Italian law, the legal discipline on civil liability for judicial acts suffered two significant legislative changes in 1988 and 2015 – a situation which has not yet occurred in Brazil.