Duarte Junior, Ricardo Cesar FerreiraCalderon, Maggie Danielle Santos2021-03-182021-10-132021-03-182021-10-132020-04-27CALDERON, Maggie Danielle Santos. A aplicação do instituto do dano moral nas relações extracontratuais entre os particulares e as entidades da administração pública. 2020. 61 f. Monografia (Especialização em Direito Administrativo) - Programa de Pós Graduação em Direito, Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2020.https://repositorio.ufrn.br/handle/123456789/44192The objective of this work is to analyze the application of the institute of moral damages in non-contractual relations between Public Administration entities and individuals. The study begins by exploring the issue of the State as generator of the damage. To this end, the history of state civil liability, the evolution of theories on the subject and how they are applied to the actions and omissions of the State are first addressed. Next, the requirements for the responsibility of the Administration entities in these theories are explored. The work then goes into the element of damage, specifically moral damage, its various concepts and the importance of a uniformity in the consideration of this as an injury to the right of personality. Finally, and as a second part of the research, the issue of the State as a victim of moral damages is explored. To this end, the existence of the objective honor of private legal entities of the Indirect Administration is analyzed, as well as the non-existence of this honor in public law entities, the exceptions to this rule and the importance of not applying objective moral damages in public law entities for the guarantee of the Democratic State of Law. In this context, the work briefly addresses the collective moral damage in cases of administrative improbity, which case law admits through evidence of effective damage. For all of the above, the legislation is analyzed, as well as the doctrinaire and jurisprudential position in order to, in the end, adopt a line of understanding related to the promotion of the personality rights with the due importance as fundamental rights.Attribution-NonCommercial-NoDerivs 3.0 Brazilhttp://creativecommons.org/licenses/by-nc-nd/3.0/br/Dano moralAdministração públicaDemocraciaMoral damagePublic administrationDemocracyA aplicação do instituto do dano moral nas relações extracontratuais entre os particulares e as entidades da administração públicapostGraduateThesis