Aspectos jurídicos da responsabilidade subjetiva e seus limites na atuação profissional

Abstract

The present work analyzes the legal aspects of the subjective civil liability of the military firefighter, focusing on the limits and hypotheses of individual liability for damages resulting from their professional performance. The research, with a legal-dogmatic, qualitative and exploratory approach, was based on legislation, doctrine and jurisprudence, especially on article 37, paragraph 6, of the Federal Constitution and article 186 of the Civil Code. The study demonstrates that the characterization of the firefighter's guilt depends on the proof of negligence, recklessness or malpractice, and the emergency context, the available means and compliance with operational protocols must be considered. The exclusions of illegality – such as the state of necessity, self-defense and strict compliance with legal duty – as well as factors such as fortuitous events, force majeure and fault of third parties, can exclude the agent's liability. It is concluded that accountability must be exceptional and technically grounded, respecting the balance between the protection of citizens' rights and the legal certainty of professionals who work in situations of risk. The study contributes to the normative improvement and institutional appreciation of military firefighters, reinforcing the importance of standardized protocols and continuous training.