A responsabilidade civil da empresa municipal de pavimentação e urbanidades pelos ilícitos cometidos de acordo com a jurisprudência do TJMG

Abstract

This article aims to conduct an in-depth analysis of three (3) decisions by the Court of Justice of the State of Minas Gerais that diverge regarding the civil liability of the Pavement and Urbanization Company of the Municipality of Juiz de Fora for damages caused to third parties, specifically concerning the company's area of operation and its legal relationship with the Municipality of Juiz de Fora, which authorized its creation. The selected decisions share similarities in matters of civil liability due to omission and involve the amendment of the Organic Law in 2020, allowing for a comparative analysis of the rulings before and after the change. Using an inductive and qualitative approach, the research aims to clarify the points of divergence and provide a theoretical foundation for similar future cases. It was observed that the Court of Justice of Minas Gerais adopted different interpretations of the Organic Law that authorized EMPAV, at times holding it liable, and at other times excluding it from the proceedings due to lack of standing. Based on the results, it can be concluded that the TJMG, through its various panels, presented analyses that did not take into account the specific characteristics of the municipal public company.