AÇÃO DE REGRESSO NA RESPONSABILIDADE CIVIL DO ESTADO: APLICAÇÃO DE PARÂMETROS JURÍDICOS PARA UMA ATUAÇÃO SEGURA DOS POLICIAIS MILITARES NO ESTADO DO AMAZONAS

Abstract

Abstract: This article analyzes the impact of the Regressive Action (Ação de Regresso) within the scope of the State’s Civil Liability on the operational performance of Military Police officers in the State of Amazonas (PMAM). The study investigates how the increase in regressive lawsuits—filed when intent or negligence is present—affects legal certainty and the motivation of police personnel, based on the State’s strict liability as established in Article 37, §6 of the 1988 Federal Constitution. This qualitative and exploratory research employs documentary analysis and case studies to address the central question: how does regressive action influence police conduct, and which legal parameters ensure safe and efficient operational practice? The results indicate that State liability and subsequent regressive actions are largely associated with violations of the principle of proportionality and failures in the proper application of policing and approach techniques. The study concludes that the threat of personal liability increases the risk of “defensive policing,” compromising the effectiveness of public security. To mitigate this impact, the proposed hypothesis of an integrated awareness and continuous training program—developed in partnership with the State Attorney General’s Office—is confirmed. The article recommends the adoption of three pillars of preventive action: Continuous Legal Training, Enhanced Technical-Operational Preparedness, and Legal and Psychological Support, as essential parameters to protect both police officers and public funds while ensuring lawful and professional performance.