Revisitando a teoria da responsabilidade contratual do estado sob o prisma da boa-fé objetiva

Abstract

The objective of the present study is to analyze the application of objective good faith to administrative contracts based on the origin and evolution of State responsibility, investigating how the criteria should be fixed to improve the duties of cooperation, namely, loyalty, expectation, information, and protection, corollaries of this principle and which have implied a general reimensioning of contractual liability. It was also sought to carry out a brief legal and historical contextualization so that one can understand how the objective responsibility, based on the legality, equality and juridicity of the acts emanated by the State, also incorporates the necessary consideration of the principle on the screen. It is concluded that objective good faith can and should be taken into account in all phases of the administrative contract, not only in its elaboration phase but also reaching its exhaustion.