A responsabilidade civil extracontratual do Estado resultante da falta de encaminhamento das contribuições dos trabalhadores por conta de outrem ao Instituto Nacional de Segurança Social

Abstract

This monograph reflects on the reparation of damage caused to workers by the deprivation of their right to social security, due to companies not channeling workers' contributions to the National Social Security Institute-the managing body of the compulsory social security system. Thus, we start from the positive or negative hypothesis that reparations for the damage caused to workers fall to the state through extra-contractual civil responsibility. This institute guarantees compensation for damage caused to private individuals by public bodies and organizations. The research was carried out using the hypothetical-deductive method, which is based on analysing facts, establishing hypotheses and reaching results through deduction, and the qualitative and bibliographical research technique. This research clarifies the responsibility of all those involved in the compulsory social security system, and also demonstrates that the INSS, as a legal person governed by public law, when causes damage to a private individual, is responsible to compensate the damage through extra-contractual civil responsibility. The research also demonstrates the guarantees that private individuals must resort to in order to sue the state for compensation for damage