A cooperaçãoo interfederativa por meio dos consórcios públicos: uma alternativa na busca do desenvolvimento nacional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

To present tesis analyzes the theoretical and legal aspects of the Public Consortia seeking to consecrate the possibility of invigoration of the Brazilian State, and the efective interfederative cooperation through the public consortia, while alternative instrument in the search of the national development. Such a study is shown opportune time that, considering the complexity of the state activities it is requested, by the Brazilian State, an effort more and more intense with respect to the articulation, to the strategy and to the execution of new operative techniques that facilitate the administration coming from the public matter. In this perspective, the public consortium comes as alternative measure, among the several instruments of cooperation betwen de federal members, in way to guarantee a more receptive State to the plurality of interests of the society and the reorganization of the service of the collective needs. It is observed, likewise, that the public consortium is configured as modality of interfederative association with views to the implementation of common interests, as it declares the article 241 of the Federal Constitution, whose object is the materialization of public politics in search of the national development. The relevance of the theme is founded in the fact that, for the Act 11.1107/05, the public consortium was regulated and it brought innovations for the legal order under several aspects. The originality is justified for the primarity of the study of the theme and for the attempt of construction of a base theory, time that only a scarce specific doctrinaire collection exists, which the theoretical and legislative elements are observed, besides the relative ones to the discussion about the modalities of State. It is justified, still, because the Public Administration changed in enterprising of the material justice, the one that allows identify a new relationship with the society, assuming the positive materialization of the freedoms and public needs, through installments that aid the development of activities on behalf of the general enlargement, what reveals its social relevance. The main objective of the theory is to demonstrate that it is possible to consecrate, legal and theoretically, the public consortia as instrument of invigoration of the bonds of intergovernamental cooperation. It is aimed at, also, to analyze as this consecration makes possible, ultimately, the invigoration of the federal autonomy, starting from the peculiar model of Brazilian State, and of the measure of the administrative decentralization, emphasizing the exam on the associated administration for the installment of administrative activity. Among the results, the most significant was the recognition of the enlarged performance of the public consortia, because it was demonstrated that the federal beings can participate not only in the services rendered publics phase, as, mainly, in the planning and implementation of public politics. It is also emphasized that the public consortia were instituted in the national juridical system without damage in other cooperation ways and of consorciamento already existent, but if public consortium be constituted for the specific ends of the article 241, it will owe this to observe the dictates of the Act 11.107/ 05. Finally, it was proven the hypothesis previously lifted up that, the pubic consortium, analyzed under the perspective of political instrument of State, it acts, when of the process of choice of the public decisions, also as instrument of administrative decentralization, through which will assist, besides the planning, also the implementation of the chosen actions

ASSUNTO(S)

federalismo -- brasil direito cooperação interfederativa administracao publica -- brasil consorcios -- leis e legislacao -- brasil interfederative cooperation descentralizacao na administracao publica -- brasil public consortia consórcios públicos

ACESSO AO ARTIGO

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