The extra-contractual responsibility of the state through the lens of photographer Sérgio Andrade da Silva

Abstract

This paper analyzes the extra-contractual responsibility of the State through the case of photographer Sérgio Andrade da Silva, who lost the vision in his left eye after being hit by a rubber bullet fired by a military police officer during the June 2013 protests. The text discusses the evolution of state responsibility in Brazil, which shifted from subjective to objective with the 1946 Constitution, consolidating in Article 37, §6, of the 1988 Constitution. For the objective responsibility of the State to be established, three elements must be present: the conduct of the public agent, the damage, and the causal link. In Sérgio Andrade's case, the police officer's conduct in firing, the irreparable harm suffered, and the direct relation between the act and the injury confirm the applicability of state responsibility. Despite this, the court denied compensation at the first instance, arguing that the photographer assumed the risks by remaining in the line of confrontation. The case is currently in appeal at the Supreme Federal Court. The article critiques the first and second-instance decisions, highlighting state violence and the need for accountability to prevent abuse of power. It concludes that holding the State accountable is essential to curb excesses and ensure the protection of citizens, especially in the face of police actions during protests.